Representation:-
in deciding whether disability discrimination is justifed, on a proper construction of DDA 1995 s.5(3) an employment tribunal is confined to considering whether the employer's reason for treating a disabled employee less favourably than others can properly be described as both material to the circumstances of the particular case and substantial. Tribunals do not have the more general power to make their own appraisal of the medical evidence or make their own risk assessment
For relevant general notes see Disability Discrimination/Justification and/or Disability Discrimination/meaning of disability .