Posted by Gemma Ospedale, Partner
Disability Discrimination – Reasonable Adjustments Made Easier
In a recent judgment, the Court of Appeal has eased the path of employees in showing that a duty to make reasonable adjustments arises where a provision, criterion or practice (a PCP) puts a disabled person at a substantial disadvantage compared to a non-disabled person. The employee appealed against the decision of the Employment Appeal Tribunal (EAT) that there had been no breach of the duty to make reasonable adjustments for her disability under the Equality Act. While the appeal ultimately failed, the judgment now makes demonstrating that the duty arises much easier for potential claimants.