Tribunal Cannot Substitute Its Own Appraisal

Jones v Post Office (CA The Independent 26 April)

Because the appellant van driver was receiving insulin treatment the employers limited his driving duties. The Court of Appeal upheld the tribunal’s dismissal of his complaint of discrimination under s5 of the Disability Discrimination Act 1995. The employer had carried out a proper risk assessment and the tribunal had no general power or duty to decide whether the employer’s assessment of risk was correct. The employer’s reason was on the face of it both material and substantial and not irrational, in which circumstances the tribunal could not substitute its own appraisal of the risk.