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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.
A reasonable accommodation is an adjustment made in a system to accommodate or make fair the same system for an individual based on a proven need. That need can vary. Accommodations can be religious, physical, mental or emotional, academic, or employment-related, and law often mandates them. Each country has its own system of reasonable ...
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 ...
Although Acas is largely funded by the Department for Business and Trade, it is a non-departmental public body, governed by an independent council that is responsible for determining Acas's strategic direction, policies and priorities, and ensuring that its statutory duties are carried out effectively. This allows Acas to be independent ...
Under the act, all employers have a duty to make reasonable adjustments for their disabled employees to help them overcome any disadvantages resulting from the impairment. Failure to carry out reasonable adjustment amounts to disability discrimination.
So, "immediately" can really mean a while, with wiggle room. in r.4(4) it says that variations of employment terms 'shall be void' if the main reason is the transfer itself or 'a reason connected with the transfer that is not an economic, technical or organisational reason entailing changes in the workforce.'
Failure to give prior notice, as well as failure to advise of any open position, will be causes for unfair dismissal. [45] An employee may challenge a dismissal by making a complaint to the Labour Court (French: Conseil de prud'hommes). [46] Where an employee has at least two years' service, the employer faces several claims:
Accordingly, under s 6(3)(c), the duty to make reasonable adjustments included transferring an employee to "fill an existing vacancy" and this can include the possibility that a disabled person be placed at the same or higher grade without any competitive interview if that is reasonable under the circumstances.