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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Sophie Charlton of Vardags in London has been announced as the latest winner of AlphaBiolabs’ Giving Back initiative, with her nomination directing a donation to Reunite International
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
back-to-top-scroll