Disabled employees should have been offered part-time working

The European Court of Justice recently clarified the scope of ‘disability’ and ‘reasonable accommodation’ in the European Equality Framework Directive.

Article 5 of the Directive requires employers to make “reasonable accommodation” for disabled people to enable them to have access to, and participate in, employment — as long as this does not impose a “disproportionate burden” on the employer. This is relevant to UK law as Courts and tribunals here must interpret domestic legislation, as far as possible, in line with European case law. The Equality Act 2010 contains a similar obligation to make “reasonable adjustments” for disabled employees and job applicants and also protects against direct and indirect disability discrimination…

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