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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.
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 ...
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 ...
Failing to make these “reasonable adjustments” will amount to disability discrimination under the act if a worker’s menopause symptoms amount to a disability, the watchdog said.
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.
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Paul v National Probation Service [2004] IRLR 190, [2003] UKEAT 0290_03_1311 is a UK labour law case, concerning the duty of an employer to make reasonable adjustments to accommodate employees with disabilities.
Roughly speaking, the conduct is reasonable if some decent employers would have handled it similarly, but unreasonable if no reasonable employer would have handled it the same or the dismissal was not based on an honest and genuine decision on reasonable grounds. [9] The tribunal cannot take account of industrial pressure to sack somebody. [10]