Clarkslegal LLP - Solicitors in Reading and London

Legal Updates

Disabled employees: Reasonableness of adjustments

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.

 

Clarkslegal, specialist Employment lawyers in London, Reading and throughout the Thames Valley.
For further information about this or any other Employment matter please contact Clarkslegal's employment team by email at employmentunit@clarkslegal.com by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.

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