header-logo header-logo

Finding the right fit

236039
Charles Pigott explores reasonable adjustments, trial periods & alternative employment
  • The latest reasonable adjustments ruling from the Employment Appeal Tribunal consolidates our understanding of how the duty applies when an employee can no longer perform their current role due to disability, but wishes to be re-deployed.

Like many issues relating to the reasonable adjustments duty, the story starts with the House of Lords’ judgment in Archibald v Fife Council [2004] UKHL 32.

In one of the earliest disability discrimination cases to reach the House of Lords, Ms Archibald’s claim was brought under the Disability Discrimination Act 1995 (DDA 1995). The definition of the duty to make reasonable adjustments in DDA 1995 differed in a number of respects from its successor in the Equality Act 2010 (EqA 2010). However, the underlying principles are sufficiently close for cases decided under DDA 1995 to continue to be authoritative on the issues addressed in this article.

Under DDA 1995, one circumstance in which the duty could be triggered was if any ‘arrangements

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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll