Bruce Henry, instructed by Thompsons Solicitors, on behalf of UNISON had succeeded in a claim for disability discrimination pursuant to s.15 of the Equality Act 2010 in Manchester Employment Tribunal when a prospective employer withdrew a job offer to a disabled applicant as a consequence of her disability.

The Employment Tribunal had decided that withdrawing the offer was not a proportionate means to comply with their duty under the Children's Homes (England) Regulations 2015.

The employer appealed the decision on proportionality, in particular contending that the Employment Tribunal failed to ask itself whether the lesser steps which it had identified would be likely to have resulted in a different response from the employer's decision maker.

Mr Justice Soole in the Employment Appeal Tribunal accepted Mr Henry's submissions and dismissed the appeal, particular holding that, in considering the issue of proportionality, the Employment Tribunal did not have to be satisfied that the identified and proportionate lesser measures would or might have been acceptable to the decision maker or otherwise caused them to take a different course. To do so would be at odds with the objective question which it had to determine; and would give primacy to the evidence and position of the decision maker.

The full judgement of the Employment Appeal Tribunal can be found here.

Bruce Henry has extensive knowledge of representing claimants in all areas of Employment Law, with particular emphasis on discrimination cases.

If you have an Employment Law case you need advice or advocacy for, call our Employment Clerk Greg Highton on 0161 832 4036, email [email protected], or fill out our contact form.