Disability discrimination: justification: police motorcyclist suffering from PTSD
Discrimination arising from disability
Case Buchanan v Commissioner of Police of the Metropolis (2016) Morning Star, November 11, EAT
Facts B, a police motorcyclist, was seriously injured in a motorcycle accident when responding to an emergency call. He suffered PTSD and could not return to work. His employer initiated its Unsatisfactory Performance Procedure (UPP) which did not make any provision for disabled employees. Notices served on B required him to return to work, although his employer knew that he could not do so. B complained of discrimination arising from disability. The ET dismissed the complaint on the basis that the application of the UPP was a proportionate means of achieving a legitimate aim. B appealed to the EAT.
Decision 1. The appeal was allowed.
The employer had to be able to justify the actual treatment of B and not just the underlying procedure used for implementing the treatment.