Summary: If an employer has a policy which refers to a specific adjustment, are they required to make that adjustment for a disabled employee? Yes, says the EAT in Mrs M Linsley v Commissioners for Her Majesty’s Revenue and Customs, available here. Facts:  Mrs Linsley, the employee, is employed by HMRC.  Mrs Linsley has ulcerative…
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Summary: Is it a reasonable adjustment to protect a disabled employee’s pay? Yes, in certain circumstances, says the EAT in G4S Cash Solutions (UK) Ltd v Powell available here. Facts:  The employee, Mr Powell, worked for G4S Cash Solutions as an engineer. After a back injury prevented him from doing heavy lifting he was moved…
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Summary: Do employers have a positive obligation to consider what adjustments may be reasonable when dealing with a disabled person, regardless of the wishes of the disabled person? Yes, says the Tribunal in Waddingham v NHS Business Services Authority. Facts: The employee, Mr Waddingham, had worked in the NHS since 1984 but following a reorganisation…
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Summary: Is an employer’s duty to make reasonable adjustments for a disabled employee triggered even where an employee is too ill to return to work in any event? No, says the EAT in Doran v Department for Work and Pensions available here. Facts: Miss Doran began working for the Department for Work and Pensions (the…
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1. Illegal working What do we already know? In our June Newsletter Government reforms (2): Illegal working – Government guidance we updated you that the Government had published guides on the administration of the civil penalty scheme and right to work checks. What’s new? The Government has updated the above employer’s guides. The updated guide…
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We continue with our theme from November’s Newsletter of cases dealing with disability discrimination and this is a further case on when an employer may, or may not, be ‘in the know’ about an employee’s disability. Summary:  Does an employer know that an employee is disabled even when it is provided with a bald (but…
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Summary:  Where an employee has told the employer that they suffer from bipolar disorder, but there has not been a definitive diagnosis, does the employer know, or have reasonably been expected to know, that the employee was disabled? No, says the EAT in Cox v Essex County Fire and Rescue Service available here. Facts:  Mr…
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Summary:  Is it a reasonable adjustment to pay for an employee’s private counselling or to provide a designated car parking space?  Yes, in certain circumstances, says the EAT in (1) Croft Vets Ltd and Others v Butcher and (2) Environment Agency v Donnelly respectively.  The cases are available here and here. Facts: 1.  Mrs Butcher…
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Summary: Does an employer breach its duty to make reasonable adjustments by requiring a disabled employee to undergo a competitive interview process? Not in all cases, says the EAT in Wade v Sheffield Hallam University available here. Facts: Ms Wade suffered from an allergic condition which constituted a disability. Following a reorganisation at the University,…
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Disability Discrimination – cause and effect of obesity Summary: In considering whether a person is disabled, should the focus be upon the cause of the person’s symptoms (such as obesity) or upon their effect? It is the latter, says the EAT in the case of Walker v Sita Information Networking Computing Ltd, which is available…
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