header-logo header-logo

18 July 2014 / Spencer Keen
Issue: 7615 / Categories: Features , Public
printer mail-detail

Firm answer

specialist_public_keen

Employers do not owe a duty to make reasonable adjustments for persons who are not disabled, says Spencer Keen

The Court of Appeal has recently confirmed in Hainsworth v MOD [2014] EWCA Civ 763 that the duty to make reasonable adjustments is only owed to disabled employees and that adjustments are not required to be made for employees who are associated in some way with a disabled person.

Hainsworth

The appellant in this case was employed by the British armed forces in a civilian capacity since 30 April 1998. She was an inclusion support development teacher at the relevant time and was required to work from a British Garrison in Germany. Her daughter had Down’s Syndrome and was disabled within the meaning of the Equality Act 2010. Although the respondent provided educational facilities for the children of its employees it did not provide special educational needs facilities. The claimant’s daughter could not therefore receive her schooling from the respondent in Germany.

After a number of informal enquiries the claimant submitted a formal request

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

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
back-to-top-scroll