''Archibald v Fife Council'' UKHL_32
is_a_UK_labour_law.html" ;"title="004
UKHL 32
is a UK labour law">004
UKHL 32
is a UK labour law case, concerning the Disability Discrimination Act 1995.

Facts

Mrs Archibald was employed as a road sweeper for Fife Council. She had surgery in 1999. Sadly there were complications. She lost the ability to walk and could no longer work. The council kept her as an office worker. She was placed on the shortlist for all upcoming vacancies. As

Baroness Hale Brenda Marjorie Hale, Baroness Hale of Richmond, (born 31 January 1945) is a British judge who served as President of the Supreme Court of the United Kingdom from 2017 until her retirement in 2020, and serves as a member of the House of Lords ...

said in her statement of the facts, Mrs Archibald argued at the

employment tribunal Employment tribunals are tribunal public bodies in England and Wales and Scotland which have statutory jurisdiction to hear many kinds of disputes between employers and employees. The most common disputes are concerned with unfair dismissal, red ...

that her dismissal was unlawful under s 4(2) DDA 1995 for discrimination in failing in their duty to make reasonable adjustments (s 6) and causing her substantial disadvantage, particularly the requirement for competitive interviews. The employment tribunal held that the council's treatment was justified under s 5(1)(b) DDA 1995. The request that competitive interviews be removed would have been too favourable, contrary to s 6(7). Both the

Employment Appeal Tribunal The Employment Appeal Tribunal is a tribunal in England and Wales and Scotland, and is a superior court of record. Its primary role is to hear appeals from Employment Tribunals in England, Scotland and Wales. It also hears appeals from decisions o ...

and the Inner House of the Court of Session dismissed her appeals.

Judgment

The House of Lords allowed Mrs Archibald's appeal. It held that under s 5 DDA 1995, no finding may be made that less favourable treatment is justified unless the duty to make reasonable adjustments is taken into account. The employer must have made reasonable adjustments, and only then can it be asked whether less favourable treatment (in this case, not hiring Mrs Archibald in the office) is justified. Accordingly, under s 6(3)(c), the duty to make reasonable adjustments included transferring an employee to "fill an existing vacancy" and this can include the possibility that a disabled person be placed at the same or higher grade without any competitive interview if that is reasonable under the circumstances. Such favourable treatment was not at all precluded by s 6(7), which should be read subject to the previous provisions of the section. Furthermore, the duty under the DDA 1995 to make reasonable adjustments overrode the

Local Government and Housing Act 1989 Local may refer to: Geography and transportation * Local (train), a train serving local traffic demand * Local, Missouri, a community in the United States * Local government, a form of public administration, usually the lowest tier of administrat ...

s 7 requiring that staff be appointed by merit. In conclusion, the tribunal had never considered whether the council had fulfilled its s 6 duty, and that the case should be remitted to determine that question.

Notes

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External links

Full text on OPSI website
United Kingdom labour case law House of Lords cases 2004 in case law 2004 in British law 21st century in Fife

Facts

Judgment

See also

Notes

External links