Tag Archives: reasonable adjustments

“A positive attitude may not solve all your problems but it will annoy enough people to make it worth the effort” – dealing with “attitude” at work, Part 1 (UK)

So said German lithographer Herm Albright in a rare moment’s cynicism, but of course if you really want to get on your colleagues’ nerves, a hostile or negative attitude is far more to be commended. So here is a question arising from a matter on which we were recently instructed. Client’s employee has a persistently … Continue Reading

Separating doubt from dismissal – Headmaster narrowly escapes caning in disability harassment (UK)

All the best-practice recommendations about accommodating employees with disabilities stress the importance of dialogue with them about the limitations their disability may impose and the adjustments which might be made to help overcome them. Unimpeachable advice in principle, but not without risk in practice, as it turns out.… Continue Reading

Written confirmation not a reasonable adjustment for a queasy employee (UK)

Here is an interesting little question about how far an employer needs to formalise steps taken to accommodate an employee’s disability. Mr Brangwyn went to work for South Warwickshire NHS Foundation Trust in 2008 as Occupational Therapy Technician.  This was not directly a medical role but did involve some time escorting patients around the building … Continue Reading

How voluntary is voluntary overtime? – the disability discrimination risk

Back in June 2016, I wrote a piece on the Employment Appeal Tribunal’s decision in Carreras -v- UFPR concerning the extent to which an employer’s expectations can amount to a provision, criterion or practice (PCP) for disability discrimination purposes (specifically, as a trigger for the obligation to make reasonable adjustments). That post is here https://www.employmentlawworldview.com/when-overtime-goes-bad-employers-duties-to-clarify-expectations-for-disabled-staff/.… Continue Reading

Uncooperative employee loses disability rights protection

The duty on a UK employer to make reasonable adjustments applies only when it knows or ought to know about an employee’s disability. Establishing actual knowledge is easy enough, but what about constructive awareness, where the employer obviously does not know but is nonetheless being expected to act as if it did? In Gallop -v- … Continue Reading

How deaf is too deaf? – Chief Constable of Norfolk v Coffey

Ruled upon by the EAT at the end of last year, Coffey marks a significant but ultimately unsurprising precedent in terms of perceived disability cases in the UK. The case is the first directly to address the issue of perceived disability discrimination under the Equality Act 2010 and confirms that an employer cannot treat an … Continue Reading

Thriving at Work – Part 3

Following our previous blogs on the Stephenson/Farmer report, this post looks at some more of the hard facts from the report associated with mental health conditions in the workplace and their causes. First of all, it should be noted that “mental health at work” encompasses not only problems caused by or at work, despite what … Continue Reading

Testing times for employers in recruitment assessments

Hot on the heels of our post on indirect discrimination in employee tests for promotion comes another decision posing similar challenges for employers. Government Legal Service –v- Brookes concerned the Situational Judgement Test (SJT) which forms part of the recruitment process for lawyers wanting to join the Service. Ms Brookes told the GLS in advance that … Continue Reading

UK employer obliged to offer pay protection to disabled employee who was redeployed

UK employers take note – the Employment Appeal Tribunal has recently ruled that an employer was obliged to continue paying a disabled employee his full salary even though he had been redeployed into a less well paid role because he could no longer carry out his normal duties as a result of his disability.  Such … Continue Reading

When overtime goes bad – employers’ duties to clarify expectations for disabled staff

When you work late in the office, why? Because it will make the following day that bit less fraught?  Because you do not want to be seen as a clock-watcher?  Because you think it will help your bonus or job security?  Because you believe it is the right thing to do for the good of … Continue Reading

UK vetinerary practice criticised for medical treatment of sick employee

This is not quite as bad as it first sounds.  Where a provision, criterion or practice (PCP) applied by an employer places a disabled employee at a substantial disadvantage by reason of his disability, then the Equality Act 2010 says that the employer has to make reasonable adjustments to prevent the PCP having that effect.  … Continue Reading
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