Reasonable Adjustments
The Employment Tribunal erred in law in concluding that the Respondent had neither actual nor constructive knowledge of the Claimant’s disability prior to November 2012. On the Employment Tribunal’s findings:
(a) there was actual knowledge of PTSD with effect from 18 July 2012; and
(b) constructive knowledge from July 2012.
That being so, the duty to make reasonable adjustments arose in this case.
The Employment Tribunal erred in concluding that none of the three adjustments contended for by the Claimant were reasonable. On the Employment Tribunal’s own findings:
(a) it was reasonable for the Respondent to use the Haylett report as a prompt; and
(b) this could have been done in July by Mrs Elms rather than waiting until September.
Substituted findings were made in exercise of the Employment Appeal Tribunal’s powers under s.35 ETA 1996.
Citations:
[2018] UKEAT 0042 – 18 – 1411
Links:
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 10 July 2022; Ref: scu.631855
