EAT Disability Discrimination – Reasonable adjustments
The EAT would follow the judgment of the EAT most recently upholding the British Gas line of authorities set out in Tarbuck. A Tribunal is under a duty to decide whether reasonable adjustments have been made irrespective of whether they were actually considered by an employer. The trigger point for a duty to arise is when the employee who is absent indicates that she will be returning to work. The Home Office v Collins applied. If adjustments will have no practical effect in mitigating the substantial effect on a disabled person of the atmosphere in which she works, there is unlikely to be any breach of the duty to make reasonable adjustments.
Citations:
[2006] UKEAT 0010 – 06 – 1512
Links:
Employment
Updated: 07 August 2022; Ref: scu.381710
