DISABILITY DISCRIMINATION – Reasonable adjustments
The Claimant was off sick for nearly a year. Her employer was prepared to make adjustments to enable her to return to her previous role but she did not want to do that and instead suggested alternatives. The Employment Tribunal dismissed her claim for disability discrimination on the ground that the Respondent had failed to comply with its duty to make reasonable adjustments. On appeal it was argued on her behalf that the Tribunal had erred in law because it had adopted a test for deciding what was reasonable which was akin to the test in unfair dismissal cases, of whether the employer’s decision fell within the band of reasonable responses.
Held, the Employment Tribunal had not erred as alleged. It had decided for itself on all the evidence before it whether the Respondent had or had not failed to make reasonable adjustments. However, the nature of the obligation is one to do what is reasonable, not necessarily to accept what the Claimant contends is reasonable.
Singh J
[2014] UKEAT 0279 – 14 – 1112
Bailii
England and Wales
Employment, Discrimination
Updated: 03 January 2022; Ref: scu.551977