Disability discrimination

Reasonable adjustment and disregarding final warning for poor attendance

The duty to make reasonable adjustments did not extend as far as requiring the employer to disregard a final warning about attendance which it relied on when deciding to dismiss a disabled employee because of unsustainable levels of absence.
General Dynamics Information Technology v Carranza

Redundancy redeployment and reasonable adjustments

An employer failed to make a reasonable adjustment of dispensing with an interview process for a disabled employee in a redundancy exercise.
London Borough of Southwark v Charles

Adjusting redundancy criteria for disabled employees

An employer should have made reasonable adjustments to redundancy criteria which placed a disabled employee at a substantial disadvantage, even though doing so would not have made any difference to the decision to dismiss him. Receiving lower scores was itself a disadvantage to which the reasonable adjustments should have been addressed.
Dominique v Toll Global Forwarding Ltd

Limited memory loss qualified as a disability

An employee with dissociative amnesia, the only symptom of which was that she forgot she had received a police caution for theft, was held to be disabled.
Sobhi v Commissioner of Police

Associative discrimination and reasonable adjustments

Employers are not under a duty to make reasonable adjustments for employees who are associated to disabled people but not disabled themselves. 
Hainsworth v MOD

Reasonable adjustments and time limits

An employer’s refusal to make a reasonable adjustment is a continuing act if the employer has a policy to keep such a refusal under review. The employee’s disability discrimination claim, lodged more than three months after the initial refusal, was therefore brought in time.
Secretary of State for Work and Pensions (Jobcentre Plus) v Jamil

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