C v R [2024] TRE 145

Background: The claimant, a child with epilepsy, attended a nursery owned by the respondent. The nursery gave notice that the child could no longer attend due to health and safety concerns related to the child’s seizures. The claimant’s parents argued that this decision was discriminatory, and that the nursery failed to make reasonable adjustments to accommodate the child’s disability.

Key Findings:

1. Discrimination Arising from Disability: The tribunal found that the nursery’s decision to exclude the child was based on the child’s seizures, which are a consequence of the child’s disability. This constituted discrimination arising from disability under Article 6(12) of the Discrimination (Jersey) Law 2013.
2. Proportionate Means of Achieving a Legitimate Aim: The nursery argued that excluding the child was necessary to ensure the health, safety, and wellbeing of the child and other children. However, the tribunal found that the nursery did not explore less discriminatory alternatives, and that the exclusion was not a proportionate means of achieving this aim.
3. Reasonable Adjustments: The tribunal found that the nursery failed to make reasonable adjustments, such as seeking additional support or modifying the child’s attendance schedule, which could have allowed the child to continue attending the nursery safely.

Implications of the Ruling

1. Employment Practices:
   • Inclusive Policies: Nurseries and other childcare providers must develop and implement inclusive policies that accommodate children with disabilities.
   • Reasonable Adjustments: Childcare providers must explore and implement reasonable adjustments to support children with disabilities, ensuring their continued attendance and participation.
2. Public Awareness:
   • Understanding Disabilities: The case highlights the importance of understanding and accommodating disabilities in childcare settings.
   • Trust in Childcare Providers: Ensuring that childcare providers act fairly and inclusively can help build trust with parents and the community.