header-logo header-logo

Employment: Against the clock

Has Matuszowicz reset the clock for employers dealing with DDA 1995 claims? Tom Poole reports

Once an employer knows, or reasonably should know, that one of its employees is a disabled person within the meaning of s 1(1) of the Disability Discrimination Act 1995 (DDA 1995), it is under a duty to make reasonable adjustments to ensure that the employee is not placed at a substantial disadvantage in comparison to those people who are not disabled.

The duty to make reasonable adjustments, the nature of which is central to disability discrimination legislation, is unique from the duties imposed by other anti-discrimination legislation, eg it is possible for an employer to fail to comply with the duty by way of either deliberate conduct or inadvertent omission. No problem arises in relation to the definition of acts of discrimination in this respect. However, a problem does arise when one considers the provisions defining the period within which proceedings must be brought, contained in DDA 1995, Sch 3, para 3.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll