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Case report

2011-10-05

United Kingdom

2012/4: When is an adjustment to accommodate a disability too expensive to be reasonable? (UK)

An employer withdrew a job offer to a disabled employee upon realising that the cost of adjustments to enable the employee to do the job would exceed £250,000 a year. The employee alleged direct disability discrimination and a failure on the part of her employer to make reasonable adjustments. The employee was unsuccessful at first instance in the Employment Tribunal (“ET”) and appealed. The Employment Appeal Tribunal (“EAT”) dismissed the appeal.

Employment Appeal Tribunal, 2011-10-05

Summary

2011-10-05

2012/4: When is an adjustment to accommodate a disability too expensive to be reasonable? (UK)

An employer withdrew a job offer to a disabled employee upon realising that the cost of adjustments to enable the employee to do the job would exceed £250,000 a year. The employee alleged direct disability discrimination and a failure on the part of her employer to make reasonable adjustments. The employee was unsuccessful at first instance in the Employment Tribunal (“ET”) and appealed. The Employment Appeal Tribunal (“EAT”) dismissed the appeal.

Employment Appeal Tribunal, 2011-10-05

Case report

2011-06-14

United Kingdom

2011/55: Reasonable adjustment need not have ‘good prospect’ of removing disabled employee’s disadvantage (UK)

Under UK disability discrimination legislation, a proposed adjustment does not need to have a ‘good or real prospect’ of removing a disabled employee’s disadvantage in order to be regarded as reasonable. It is sufficient that there is merely some prospect that it will succeed.

Employment Appeal Tribunal, 2011-06-14

Summary

2011-06-14

2011/55: Reasonable adjustment need not have ‘good prospect’ of removing disabled employee’s disadvantage (UK)

Under UK disability discrimination legislation, a proposed adjustment does not need to have a ‘good or real prospect’ of removing a disabled employee’s disadvantage in order to be regarded as reasonable. It is sufficient that there is merely some prospect that it will succeed.

Employment Appeal Tribunal, 2011-06-14

Case report

2011-04-14

United Kingdom

2011/54: No duty to offer disabled employee career break (UK)

The duty on an employer to make reasonable adjustments is limited to steps which would alleviate a disabled employee’s disadvantage, by enabling the individual either to remain at work or to return to work if on sick leave. The obligation did not extend to offering a disabled employee a career break or submitting suggestions of potential rehabilitative work arrangements to her doctor.

Employment Appeal Tribunal, 2011-04-14

Summary

2011-04-14

2011/54: No duty to offer disabled employee career break (UK)

The duty on an employer to make reasonable adjustments is limited to steps which would alleviate a disabled employee’s disadvantage, by enabling the individual either to remain at work or to return to work if on sick leave. The obligation did not extend to offering a disabled employee a career break or submitting suggestions of potential rehabilitative work arrangements to her doctor.

Employment Appeal Tribunal, 2011-04-14

Case report

2010-06-21

United Kingdom

2010/58: Discrimination on grounds of perceived disability not outlawed (UK)

Under current UK law, a claim for disability discrimination can only be brought by a person who has a disability or is associated with a disabled person, not a person who is wrongly perceived as having a disability. This will change when the relevant provisions of the Equality Act 2010 come into force.

Employment Appeal Tribunal, 2010-06-21

Summary

2010-06-21

2010/58: Discrimination on grounds of perceived disability not outlawed (UK)

Under current UK law, a claim for disability discrimination can only be brought by a person who has a disability or is associated with a disabled person, not a person who is wrongly perceived as having a disability. This will change when the relevant provisions of the Equality Act 2010 come into force.

Employment Appeal Tribunal, 2010-06-21