26 September 2011 #Employment
Under the Equality Act 2010, where an employee is placed at a disadvantage by an employer’s policy, criterion or practice, the employer is under a duty to take reasonable steps to avoid the disadvantage. When assessing whether an adjustment would be reasonable, Tribunals need to consider the extent to which a disadvantage would be removed by making that adjustment.
In Leeds Teaching Hospitals NHS Trust v Foster (2011), the EAT has confirmed that an adjustment to remove a disabled employee’s disadvantage, need not have a “good prospect” of removing that disadvantage to be reasonable. In other words, an adjustment will not be rendered unreasonable if the prospect of removing the disadvantage would be less than “good” or “real”. An adjustment need only have some prospect of removing a disadvantage.