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Further, she argued that this was breaching the duty to make reasonable adjustments (s 4A). A reasonable adjustment, she suggested, would be full pay after the usual six-month period expired. The tribunal held that she was not less favourably treated than others and in any case disparate treatment would have been justified since the cost of ...
Furthermore, the duty under the DDA 1995 to make reasonable adjustments overrode the Local Government and Housing Act 1989 s 7 requiring that staff be appointed by merit. In conclusion, the tribunal had never considered whether the council had fulfilled its s 6 duty, and that the case should be remitted to determine that question.
Sedley LJ held that there was a failure on the Theatre's part to make reasonable adjustments. On a technical point, he held that reasons why the employer had not made any effort to adjust the workplace for the employee could not be brought up in argument if they had already been dismissed when looking at whether there was a duty to make reasonable adjustments in the first place.
In the case of disability, employers and service providers are under a duty to make reasonable adjustments to their workplaces to overcome barriers experienced by disabled people. In this regard, the Equality Act 2010 did not change the law.
failure to make a "reasonable adjustment". "Reasonable adjustment" or, as it is known in some other jurisdictions, 'reasonable accommodation', is the radical [citation needed] concept that makes the DDA 1995 so different from the older legislation. Instead of the rather passive approach of indirect discrimination (where someone can take action ...
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If an illness is a disability (because it hinders the employee in professional life) the employer has to make reasonable adjustments, which might mean sick pay, redistributing work, giving him a vacancy, being flexible in hours, etc. An employer must implement systems that favour the disabled person.
Note: Most subscribers have some, but not all, of the puzzles that correspond to the following set of solutions for their local newspaper. CROSSWORDS
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