However an employer will need to take into account its wider legal obligations, such as the duty to
make reasonable adjustments if the employee is disabled.
The Court of Appeal judgment is a reminder to employers to ensure that they are
making reasonable adjustments in all areas of the business for disabled employees.
«Schools and colleges must
make reasonable adjustments where a child has an impairment or disability that affects their ability to take part in everyday activities.»
Gillian Crew has an employment article published in the Personal Injury Brief Update looking at the duty to
make reasonable adjustments on public service providers following the case of FIRSTGROUP PLC V PAULLEY [2017] UKSC 4.
Gillian Crew successfully represented the Respondent, Glaxosmithkline, following an 11 day hearing in a claim for discrimination arising from disability and a failure to
make reasonable adjustments arising out of a performance management process.
Successfully acted for GlaxoSmithKline in a 15 day disability — related discrimination claim and failure to
make reasonable adjustments claim arising out of a performance management process.
A recent Court of Appeal decision (Griffiths v The Secretary of State for Work and Pensions) has held that employers should
consider making reasonable adjustments to their sickness absence procedures if they put disabled people at a disadvantage.
Case: The Court of Appeal has held that an employer's duty to
make reasonable adjustments begins as soon as it is able to take steps which it is reasonable for it to take to avoid the disadvantage to the disabled employee.
In NHS Direct v Gunn, the EAT considered whether a TUPE transfer constituted an offer of new employment to affected staff and examined the interplay between TUPE and the duty to
make reasonable adjustments under the Equality Act 2010.
Dean v Abercrombie & Fitch: direct disability discrimination, harassment and failure to
make reasonable adjustments Successfully represented claimant with prosthetic arm in a high - profile case against fashionable clothing store Abercrombie & Fitch.
An expectation or assumption that someone will work late may be sufficient to amount to a «provision, criterion or practice» (PCP) for the purposes of a claim of failure to
make reasonable adjustments in disability discrimination.
Your employer also has a duty of care towards you, so if they want to avoid any stress - related injury or constructive dismissal claims at a tribunal, they need to show that they have listened to you, acted in a fair way and
made reasonable adjustments where they can.
Where this Act imposes a duty to
make reasonable adjustments on a person, this section, sections 21 and 22 and the applicable Schedule apply; and for those purposes, a person on whom the duty is imposed is referred to as A
Successfully acted for a Respondent employer in a 5 day constructive unfair dismissal claim, disability discrimination and failure to
make reasonable adjustments claim arising out of a stress at work claim.
Disability discrimination claim: In Mr. Siggins» disability discrimination claim, the Ashford employment tribunal decided that the employer should have
made a reasonable adjustment by offering a vacant post, which was a suitable alternative to the employee's substantive role and would have facilitated an earlier return to work from his long - term absence due to ill health.
We could actually study the game and try to
make reasonable adjustments to rules, equipment and any other relevant factors to help mitigate some of its most dangerous aspects.
The Disability Discrimination Act requires employers to
make reasonable adjustments for the individual with insulin treated diabetes to continue working..
Discrimination also occurs when there is a failure to
make a reasonable adjustment for a disabled person, and that failure can not be justified.
They are just figuring out, for example, that education providers must
make reasonable adjustments to prevent disabled students from being placed at a «substantial» disadvantage.
Plan all you want, your body has its own plans, its better if you line up with your body's plans and
make a reasonable adjustment to drop some fat.
CDC uses the best data available and
makes reasonable adjustments — based on related data, previous study results, and common assumptions — to account for missing pieces of information.
«Asking parents to collect their children early or putting them on part - time hours is against the law and fails to address the underlying need for schools to
make reasonable adjustments to include children with autism.»
Providers (including schools) have to
make reasonable adjustments to enable those with additional needs and disabilities to participate.
Working alongside schools, Argos for Business (AfB), a leading provider of merchandise, has sourced a range of gadgets, devices, appliances and accessories to allow education institutions to invest in new equipment and
make reasonable adjustments to their facilities, under its Independent Living range.
Disability discrimination claims would generally be made on the basis of indirect discrimination, disability - related discrimination or for a failure to
make reasonable adjustments.
Its hearings even raised the question of whether zero tolerance policies are legal, especially given the fact that schools are required to
make reasonable adjustments to accommodate pupils» needs under the Equality Act 2010.
Institutions should promote positive mental health,
make reasonable adjustments for students with pre-existing conditions, and reduce the stigma of mental health
In some cases, people with mental health conditions will be offered protection by the Equality Act 2010 which says that your creditors must
make reasonable adjustments to help you.
The EA requires service providers to
make reasonable adjustments to policies and one such adjustment could be to waive «no dogs» policies in respect of assistance dogs, or amend a «no pets» policy so that assistance dogs are not refused access.
The Equality Act provides protection from discrimination for anyone who suffers from a disability; many mental health conditions are likely to be considered a disability within the meaning of the act and, as such, will place a duty on employers with mentally ill employees to
make reasonable adjustments.
The report concluded that more needs to be done to assist disabled people to fully participate in society and made a number of recommendations in respect of the duty to
make reasonable adjustments, employment tribunal fees and flexible working for carers.
However, where surgery is related to an employee's disability, for example, reconstructive surgery following breast cancer, the employee will be protected against discrimination and the employer will be obliged to
make reasonable adjustments to accommodate him / her.
The company also recognises that unlawful discrimination can take different forms — direct, indirect, victimisation or the failure to
make reasonable adjustments to employment arrangements or premises.
Discrimination issues, such as the duty to
make reasonable adjustments for the detention of individuals with mental health problems or issues of race and gender arising in the context of the exercise of police functions;
We will make sure that your employer properly fulfils their duties and we can also advise you on your options if your employer is refusing to
make reasonable adjustments.
It can happen in many instance other than the ones above — for example, if a female employee is being paid less than a male colleague for doing the same job, if an employer fails to
make reasonable adjustments in the workplace due to an employee's disability or if an employee from an ethnic minority community is refused the training opportunities offered to other colleagues.
Our highly - experienced employment team provides a full range of employment law services, including advice on terms of employment and contracts, making sure your employer fulfils their duty to
make reasonable adjustment, matters involving discrimination and employment tribunal claims.
Employees experiencing mental health difficulties such as anxiety, depression or post-traumatic stress disorder, which can be a consequence of bereavement, may be considered disabled in some cases; employers to
make reasonable adjustments for these employees under the Equality Act 2010.
Daniel has a particular interest in Disability Discrimination and has recently acted in a matter listed for five days in the Employment Tribunal and an appeal in the Employment Appeal Tribunal concerning whether, by refusing to engage in correspondence with an employee's solicitors, the employer failed to
make reasonable adjustments.
Further, it had erred in taking into account a suggestion that there might have been alternative claims available of failing to
make reasonable adjustments or indirect discrimination, in support of the argument that the treatment was unfavourable, and in its approach to the defence of proportionality.