Tribunal Considerations – Reasonable Adjustments

Posted in : Tribunal Guidance from Kennedys on 17 January 2022
Kevin Gallagher
Kennedys Belfast
Issues covered: Reasonable Adjustments; Disability Discrimination; Tribunal Decisions; Unfair Dismissal

Section 4A of the Disability Discrimination Act 1995 provides that where a provision, criterion or practice supplied by, or on behalf of an employer places a disabled person at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of an employer to take such steps as is reasonable, in all the circumstances of the case, to prevent the provision, criterion or practice or feature having that effect.  Where an employer fails to comply with this duty it will be found to have discriminated against the employee in question.

As highlighted by the House of Lords (now the Supreme Court) in the decision Archibald v Fife Council [2004] UKHL32 [2004 IRLR651

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This article is correct at 17/01/2022
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Kevin Gallagher
Kennedys Belfast

The main content of this article was provided by Kevin Gallagher. Contact telephone number is +44 28 9026 1470 or email Kevin.Gallagher@kennedyslaw.com

View all articles by Kevin Gallagher