Kemp Little

Sometimes, doing the best thing isn’t always the right thing: reasonable adjustment claims

In Secretary of State for Work and Pensions (Jobcentre Plus) v Jamil and others [UKEAT/0097/13], an employer’s initial refusal to make a reasonable adjustment did not start the time limit running for bringing a disability discrimination claim.

Mrs Jamil had arthritis, which made it difficult for her to get to work. She asked her employer whether it would be possible to transfer to an office closer to her home, but this was refused as there were no existing vacancies at that time. However, the Jobcentre maintained a ‘continuing interest’ list, on which it recorded the names of employees who were interested in transferring to a different office — it agreed to add Mrs Jamil’s name to that list and wrote to her to say there was a possibility of the decision being reviewed in the future…

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