[2005] EWCA Civ 1220, Court of Appeal on 27th Oct 2005, reported at [2006] ICR 524 (also at [2006] IRLR 41)
NOTES
Smith v Churchills Stairlift Plc, [2005] EWCA Civ 1220, Court of Appeal on 27th Oct 2005, reported at [2006] ICR 524 (and also at [2006] IRLR 41).
The full text judgment in this case is available free of charge on the BAILII website
Authority for the propositions that:-
- under the Disability Discrimination Act 1995, the "reasonableness" test for deciding whether an employer must make reasonable adjustments is objective whereas the "justification" test for deciding whether an employer was justified in treating a disabled person less favourably is subjective.
- in considering whether "any arrangements made" by an employer place a disabled person at a disadvantage giving rise to the duty on him to make "reasonable adjustments", the proper comparators are not non-disabled people in general but rather are other persons in respect of whom those arrangements apply.
For relevant general notes see Disability Discrimination/reasonable adjustments and/or Disability Discrimination/Justification
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prepared Nov2005