Veale Wasbrough Vizards

UK 200 2013 position: 98

Refusal to make reasonable adjustments: when does the time limit begin to run?

By Michael Halsey

An employer’s refusal to make a reasonable adjustment is a continuing act if the employer’s policy is to keep that refusal under review. The time limit for an employee to bring a claim will not run from the initial refusal but will be a continuing act.

This article considers the recent Employment Appeal Tribunal (EAT) decision in Secretary of State for Work & Pensions (Jobcentre Plus) v Jamil & Ors.

The claimant worked for the respondent, Jobcentre Plus, in Ealing approximately one hour and 20 minutes from her home. After developing a disability in November 2010, the claimant requested to be relocated to an office in Uxbridge closer to her home. The respondent refused the request, asserting that the reason was there were no available vacancies. There was evidence that the real reason for the refusal was that the claimant’s husband was employed at the Uxbridge office. On this basis, the original tribunal found that the refusal to move the claimant amounted to a failure to make a reasonable adjustment…

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