Disability Discrimination - Reasonable Adjustments

by Liam

The EAT has considered reasonable adjustments under the Disability Discrimination Act 1995 in The Chief Constable of Lincolnshire Police v Mr Weaver. The EAT held:

1. In assessing the question of reasonable adjustments, the Tribunal should take into account both the effect the adjustment would have on other non-disabled employees and other disabled employees. This was a factor that was taken to consideration in O’Hanlon v Inland Revenue which held that paying disabled employees full pay while off sick was not a reasonable adjustment.

2. The fact that the Employer had adopted deliberately a Provision Criteria or Practice which operated to the disadvantage of disabled people was irrelevant to the question of whether a reasonable adjustment could be made. This must be correct, as there would be no need to consider reasonable adjustments if there was not a Provision, Criterion or Practice (PCP) that put disabled people to a substantial disadvantage, as without such a PCP, there is nothing for which adjustments need to be made! 

This entry was posted on Tuesday, March 25th, 2008 at 11:58 pm and is filed under Disability Discrimination. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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