Disability discrimination

Job swap could be a reasonable adjustment

A reasonable adjustment could involve swapping a disabled employee’s job with another worker, or retiring and rehiring the disabled worker.

Chief Constable of South Yorkshire Police v Jelic
 

Assessing 'long term' effects of an impairment

To work out whether the effects of an impairment are long term, the effects of an illness or condition which is likely to develop from another illness or condition forms part of the assessment of whether the effect of the original illness is likely to last (or has lasted) for at least 12 months.

Patel v Oldham MBC
 

Reasonable adjustments: change of place of work

An employer had complied with its obligation to make reasonable adjustments for a disabled employee when it moved her to another location where the adjustments could more easily be made.

Garrett v Lidl Ltd
 

Time limit extended where claimant confused

The Court of Appeal refused to interfere with a tribunal’s discretion to extend the 3-month time limit in a discrimination case involving an employee with mental health issues.

Chief Constable of Lincolnshire Police v Caston
 

Knowledge of disability and duty to make adjustments

The EAT has reviewed the extent to which employers can rely on the statutory exemption from making reasonable adjustments where they are unaware of an employee’s disability.

DWP v Alam
 

Dismissal was a failure to make reasonable adjustments

W, a lecturer, developed a condition which affected her feet and so limited her mobility. Sickness absence followed, medical reports made clear that her absence was likely to last more than 9 months and, under the college's policy on managing sickness absence, Walters was dismissed. Although discussed, a phased return to work was not implemented.

Fareham College v Walters
 


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