Test for justification

Case 6: The facts

Sidney Collins worked for the Royal National Theatre as a semi-skilled carpenter. He was injured at work while operating in defiance of safety procedures. As a result of his injury, combined with his rejection of surgery that might have alleviated his condition, he was dismissed. Collins argued that the steps the employer took to assess his ability to do alternative work were insufficient and that the dismissal was contrary to the DDA. The tribunal held that the employer should have looked at other ways of easing Collins back into work and should have done more to persuade him to have the additional surgery.

The ruling

The EAT said that tribunals hearing disability cases have to ask two questions. The first is to assess the steps it is reasonable for an employer to take, in terms of adjustments that can be make. The second (and separate) question is whether the employer cannot show reasons for failing to make adjustments. In effect the EAT says that provided that the employer's justification is material and substantial employment tribunals cannot substitute their own views on what might have been reasonable adjustments.

Royal National Theatre Board v Collins EAT/0642/02