Duty to make reasonable adjustments

2014-04-03 Jennifer Renney-Butland posted:

When considering an employer’s duty to make reasonable adjustments in respect of a disabled employee, the relevant question is whether or not the proposed adjustment has a real prospect of enabling the employee to overcome the substantial disadvantage he is suffering and then to consider whether it is reasonable for the employer to make such an adjustment.

The Employment Tribunal recently failed to consider the relevant authorities and did not appear to have asked itself whether the proposed adjustment would have given rise to a real prospect of the employee retaining his employment, either in his previous role or a more junior one.

The Employment Appeal Tribunal found on appeal that an employer will only be under a duty to make a particular proposed adjustment (and hence will only be in breach of the duty to make reasonable adjustments if that adjustment has not been made) if it was reasonable in the circumstances to expect the employer to make that adjustment.

If you require legal advice in relation about what constitutes a reasonable adjustment in the workplace, contact us on 0125 632240 or at info@renneyandco.com.

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