Widening the risk for employers who fail to make reasonable adjustments

By Antonia Blackwell

The potential for employers to be exposed to disability discrimination claims arising from a failure to make reasonable adjustments for their disabled employees has just been increased, thanks to a decision of the Employment Appeal Tribunal.

Under the Equality Act 2010, an employer has a duty to make reasonable adjustments where any of its practices place a disabled employee at a substantial disadvantage compared with non-disabled employees. A failure to comply with the duty amounts to discrimination on the grounds of disability.

Usually, a disability discrimination claim must be submitted to an employment tribunal within three months of the act or omission complained about. However, where the act or omission extends over a period of time, the three-month time limit does not start to run until the end of that period…

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