3. Other grounds

Question 1

Kaloft v Municipality of Billund

Answer 1

obesity can qualify as disability

and EU test is similar to UK (UK will probs say it is too)

Question 2

Akerman Livingston v Aster

Answer 2

4 step test for objective justification (for ID arising from disability)

1. objectively sufficiently important to justify limiting a fundamental right
2. measure rationally connected to objective?
3. means more than necessary to achieve objective?
4. disadvantage caused to C disproportionate to aim pursued?

Question 3

Archibold v Fife

Answer 3

failed to offer E different job after disability

• REASONABLE ACCOMMODATION is required
• should offer job and waive interview
• no particular skills were required for the job

Question 4

Firstgroup v Paulley

Answer 4

SC held bus driver must intervene if prams do not move for wheelchairs

• no need to eject parent (not reasonable)
• but if parent refuses to move, bus can stop until parent moves

Question 5

Grainger v Nicholson

Answer 5

STRONG ENVIRONEMNTAL VIEWS = BELIEF

• relatively comprehensive set of moral beliefs
• sufficiently serious

Question 6

EHRC Code of Practie

Answer 6

for belief
genuinely held
not opinion/viewpoint
weight/substantial part of behaviour
level of cogency/seriousness/cohesion/importance
worthy of respect in democratic society, compatible with human dignity
no conflict with fundamental rights

Question 7

Age Concern

Answer 7

mandatory retirement rules = okay if proportionate (ECJ)

BUT high burden of proof to show legitimacy of aim relied on (e.g. labour market)

Question 8

Seldon v Clarkson

Answer 8

forced to retire under partnership deed
-DD?

objectively justified

• to justify: must be legitimate aims in public interest NOT just to one company
• ECJ: aim of business planning and retention = legitimate (facilitates inter-generational fairness and dignity)

Question 9

Petersen

Answer 9

68 mandatory retirement of dentists =potentially justifiable

aim: competence of dentists
- NOT justified because only applies to public sector

AIM: financial stability of system
- CAN be justified and proportionate because limits increase number of dentists in healthcare service

Question 10

Azmi v Kirklees

Answer 10

face veil not allowed (no face veils allowed)
- NO DD (not because she was Muslim, but because she wore a headscarf)

• NO ID (disadvantage for muslims but OJ, evidence it impaired communication with children)

Question 11

Ladele v Islington

Answer 11

refused to perform CP
- not DD (not because she was christian but because she didn’t do the civil partnerships)

• NO ID (objectively justified, public servants perform public role and can’t choose who they marry)
• need to discharge duty to all public