Equality Duty and Procedural Fairness
Equality Duty and Procedural Fairness:
However, the Tribunal finds that the Respondent failed to demonstrate rigorous and ongoing compliance with section 149 of the Equality Act. Reliance on a consultation and impact assessment conducted over a decade ago, without any subsequent review or mechanism for individual adjustments, falls short of the rigorous consideration required by law.
The Appellant’s low scores in communication-related criteria, coupled with his background, suggest a potential disadvantage that was not properly investigated. While the Tribunal does not conclude that the decision was substantively wrong, it finds that the process fell short of the standards required by equality law and fairness principles.
For these reasons, the appeal is partially allowed. The Tribunal does not quash the decision to remove the Appellant from the ADI Register.
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