Jones V Post Office
   HOME

TheInfoList



OR:

''Jones v Post Office'' 001IRLR 384 is a
UK labour law United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equit ...
case, under the
Disability Discrimination Act 1995 The Disability Discrimination Act 1995 (c. 50) (informally, and hereafter, the DDA) is an Act of the Parliament of the United Kingdom which has now been repealed and replaced by the Equality Act 2010, except in Northern Ireland where the Act ...
.


Facts

Mr Jones was a Royal Mail driver. He became diabetic and insulin dependent and was removed from driving duties. The Post had done their own medical appraisal, which turned out to be wrong. He alleged that his dismissal was unfair.


Judgment

The Court of Appeal, in a controversial decision, held it was not.
Pill LJ Pill or The Pill may refer to: Drugs * Pill (pharmacy), referring to anything small for a specific dose of medicine * "The Pill", a general nickname for the combined oral contraceptive pill Film and television * ''The Pill'' (film), a 2011 fil ...
said "Where a properly conducted risk assessment provides a reason which is on its face both material and substantial, and is not irrational, the tribunal cannot substitute its own appraisal."
Arden LJ Mary Howarth Arden, Baroness Mance, , KC, PC (born 23 January 1947), known professionally as Lady Arden of Heswall, is a former Justice of the Supreme Court of the United Kingdom. Before that, she was a judge of the Court of Appeal of Engl ...
said "the word substantial .5(3)does not mean that the employer must necessarily have reached the best conclusion that could be reached in the light of all known medical science. Employers are not obliged to search for the Holy Grail."


Subsequent developments

This case has been subject to considerable academic criticism, for introducing (without any apparent statutory authority) a "
reasonable range of responses __NOTOC__ Reasonable may refer to: * Reason, the capacity for rational thinking * Reasonable accommodation, an adjustment made in a system to accommodate an individual's need * Reasonable and non-discriminatory licensing, a licensing requirement ...
" test. A number of cases after have limited and tacitly undermined its effect. *''
Paul v National Probation Service ''Paul v National Probation Service'' 004IRLR 190, 003UKEAT 0290_03_1311is a UK labour law case, concerning the duty of an employer to make reasonable adjustments to accommodate employees with disabilities. Facts Mr Paul was chronically depress ...
'' 004IRLR 190 *''
Collins v Royal National Theatre Board Ltd ''Collins v Royal National Theatre Board Ltd'' 004EWCA Civ 144 [2004IRLR 395 is a case under the Disability Discrimination Act 1995. It concerns the duty of an employer to make reasonable accommodations for a disabled employee. Facts Mr Collin ...
'' 004IRLR 395


See also

*UK employment discrimination law *
UK labour law United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equit ...
*
Human Rights Act 1998 The Human Rights Act 1998 (c. 42) is an Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Con ...


Notes

{{reflist, 2 United Kingdom labour case law United Kingdom equality case law Court of Appeal (England and Wales) cases 2001 in case law 2001 in British law