Employment tribunal erred in not considering exact ‘provision, criterion or practice’


Re: Secretary of State for Justice v Prospere (Disability Discrimination: Reasonable adjustments) UKEAT/0412/14/DA

This was the first application of the Supreme Court’s judgment in the housing case of Akerman-Livingstone v Aster Communities Ltd (on the four stage structured approach to justification of discriminating arising from disability) to an employment case. The EAT held that the employment tribunal erred in not considering the exact PCP in question, and cannot consider an example or an ‘exemplification’ of a PCP.

Claire Darwin was involved in this case.