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11 October 2007 / Spencer Keen
Issue: 7292 / Categories: Features , Discrimination , Employment
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A shifting balance

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At what point does the burden of proof shift in reasonable adjustment cases? Spencer Keen explains

Broadly speaking, the Disability Discrimination Act 1995 (DDA 1995) places employers under a duty to make reasonable adjustments for a disabled worker if any of their provisions, criteria or practices place that worker at a substantial disadvantage when compared with a non-disabled worker.

CONSIDERING ADJUSTMENTS

In Tarbuck v Sainsbury Supermarkets Ltd [2006] IRLR 664, [2006] All ER (D) 50 (Jun), Mr Justice Elias held that a duty to make reasonable adjustments would not be breached simply because an employer failed to consider whether or not an adjustment was required. The line of authorities since Mid-Staffordshire General Hospital NHS Trust v Cambridge [2003] IRLR 566, [2003] All ER (D) 06 (Sep), suggesting that a simple failure to consider an adjustment could breach the duty, was overruled.

In Tarbuck the claimant was a business analyst and IT project manager who suffered from ulcerative colitis and depression. She claimed that her employer had failed to consult with her about her

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