I have been asked to review a specific employee health case scenario which is causing my client some significant concerns. As part of my assessment I am aware that the Disability Discrimination Act (1995) is always superseded by the H&S at Work Act (1974). However regarding the court case precedents surrounding this I have forgotten one and was wondering if anyone remembers (or ideally has a hot link) to a case against North Somerset Council (their enforcement officers) where the Council won as the employee could not fit their protective boots on. I need this, and any other cases, to support my client in fighting this on the fact that it is unsafe for the employee to do their job and hence the DDA does not apply. Any help and specific cases would be much appreciated.

Kind regards


Paul Avis