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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.
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 ...
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. That need can vary. Accommodations can be religious, physical, mental or emotional, academic, or employment-related, and law often mandates them.
The 1998 act inserted the right under the Employment Rights Act 1996 section 203(5) which allows parties to a dismissal case to agree in writing that the dispute be referred to arbitration. This can result from a settlement negotiation of an ACAS conciliation officer. ACAS will supply, though not appoint, an arbitrator.
Claimants may not be victimised for bringing a discrimination claim. The law requires employers to make reasonable adjustments to include disabled people at work. The law also allows positive action to include underrepresented groups if a candidate is equally qualified.
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.
The Advisory, Conciliation and Arbitration Service (Acas) is a non-departmental public body of the Government of the United Kingdom. Its purpose is to improve organisations and working life through the promotion and facilitation of strong industrial relations practice.
The Act includes provisions for single-sex services where the restrictions are "a proportionate means of achieving a legitimate aim". [8] 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 ...