Health and safety

Case 3: The facts

Brian Farmiloe, a disabled worker, was required to wear protective footwear at work, but his disability made this very uncomfortable. His employers tried to find an alternative, but this proved difficult and he was dismissed. Farmiloe claimed that this amounted to discrimination.

The ruling

The EAT held that the object of health and safety legislation is solely to protect individuals' health and safety. It is not constrained by any requirement not to discriminate.

There is no requirement to balance the risk of injury with the detriment of potential dismissal; where an injury risk cannot be controlled by other means, suitable protective clothing must be provided. If this is unsuitable for a disabled employee and there are no alternatives, a dismissal may be fair.

Lane Group and North Somerset Council v Farmiloe EAT/0357/03