||All England Reporter
|| All ER (D) 318 (Oct)
|| EWCA Civ 1220
||Court of Appeal, Civil Division
Waller, Maurice Kay LJJ and Sir Christopher Staughton
||Richard Lissack QC and Andrew Short (instructed by the Disability Rights Commission) for the complainant.
||The employer appeared by its representative.
||27 October 2005
Employment - Disability - Discrimination - Duty to make reasonable adjustments - Relevant 'arrangements' - Proper comparator - Relevance of evidence of reasonable adjustments to question of justification for less favourable treatment - Whether finding of failure to make reasonable adjustments consistent with finding that less favourable treatment justified - , ss 5(1), 6.
Applying settled principles, the 'arrangements' for the purposes of s6 of the included the liability of anyone who became incapable of fulfilling the job description to be dismissed, and the proper comparator under that provision was readily identified by reference to the disadvantage caused by the relevant arrangements. Sections5 and 6 of the Act called for different tests and the difference was such that something that might otherwise have been justifiable in the context of s5 nevertheless resulted in a duty to make an adjustment pursuant to s6.
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