eastern_greyEAT2009
EAT DISABILITY DISCRIMINATION:
Reasonable adjustments
Disability related discrimination
The claimant suffers from dyslexia and was therefore ‘disabled’ as defined in the Disability Discrimination Act 1995 (‘the Act’). The issue on the appeal is whether the respondent employer was exempted from making adjustments for the claimant during the interviews process when the claimant applied for a job with the respondent.
The Employment Tribunal held that the respondent was not exempt in the light of section 4 A (3) (b) of the Act.
Held by the Employment Appeal Tribunal that:
The Employment Tribunal erred as it ought to have considered (but did not consider properly) the requirements of section 4A(3)(b) of the Act which means that an employer is exempt from the duty to make adjustments if each of four matters can be satisfied and they are that the employer:-
(a) does not know that the disabled person has a disability;
(b) does not know that the disabled person is likely to be at a substantial disadvantage compared with persons who are not disabled;
(c) could not reasonably be expected to know that the disabled person had a disability; and
(d) could not reasonably be expected to know that the disabled person is likely to be placed at a substantial disadvantage in comparison with persons who are not disabled.
[2009] UKEAT 0454 – 08 – 2301, [2009] IRLR 429
Bailii
Cited by:
Cited – Secretary of State for the Department for Work and Pensions v Alam EAT 9-Nov-2009
EAT DISABILITY DISCRIMINATION
Reasonable adjustments
Section 4A(1) and (3) of the Disability Discrimination Act 1995.
The Tribunal found that employer had failed to make a reasonable adjustment . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 10 November 2021; Ref: scu.280158
