Reasonable Adjustments for Disability

The provisions in the DDA impose an obligation on an employer to make ‘reasonable adjustments’ for the benefit of an employee suffering from a disability.
A recent ruling by an Employment Appeal Tribunal (Fareham College v Walters) means that failure to make reasonable adjustments to avoid dismissal (such as offering appropriate alternative employment) may mean that a dismissal is unlawful, witout requiring a comparison with a fit person.

An employee who developed health problems and spent some time on certificated sick leave was advised to begin a phased return to work over a period of several months. She was dismissed without being offered alternative employment, which was available.  The EAT ruled that this was an unfair act of disability discrimination.

This ruling mitigate a previous ruling (London Borough of Lewisham v Malcolm) in which is was established that a disabled person dismissed following a lengthy period of sickness absence would need to show that a fellow non-disabled employee would not have been dismissed for the same period of absence.  In other words, that they have been treated worse than someone else. The lack of a comparator presented difficulties for  claimants.