''Paul v National Probation Service''
004IRLR 190,
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UKEAT 0290_03_1311is a UK labour law">003
UKEAT 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 depressed, and was turned down for a job at the National Probation Service. This was on the basis of the employer's own medical report. But they did not go to ask the applicant's own doctor, or take steps to investigate how far the illness actually affected Mr Paul's potential work capability. Mr Paul claimed constructive dismissal under the Disability Discrimination Act 1995.
Judgment
The Employment Appeal Tribunal held that the employer did not consider its duty to adjust. It could not argue that it had no duty to accommodate Mr Paul, because a minimum step would be to look at what was possible. The simple first steps included getting advice from the claimant's own consultant and thinking about ways the job may also have been changed.
See also
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UK employment discrimination law
United Kingdom employment equality law is a body of law which legislates against prejudice-based actions in the workplace. As an integral part of UK labour law it is unlawful to discriminate against a person because they have one of the "protected ...
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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 ...
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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
External links
National Probation Services website
United Kingdom equality case law
Employment Appeal Tribunal cases
2003 in case law
2003 in British law