DUTY TO MAKE REASONABLE ADJUSTMENTS IN RECRUITMENT

The EAT has handed down their decision in what is a really important case in respect of pre employment reasonable adjustments. Disability Discrimination Act 1995, s.4A(3) provides that a employer is exempt from making reasonable adjustments if they were not aware of the disability; could not reasonably be expected to know of the disability and or aware that the claimant would be subjected to a substantial disadvantage in the workplace.

The EAT held that the Employment Tribunal erred as it ought to have considered (but did not consider properly) the requirements of section 4A(3)(b) of the Act which means that an employer is exempt from the duty to make adjustments if each of four matters can be satisfied and they are that the employer:-
(a) does not know that the disabled person has a disability;
(b) does not know that the disabled person is likely to be at a substantial disadvantage compared with persons who are not disabled;
(c) could not reasonably be expected to know that the disabled person had a disability; and
(d) could not reasonably be expected to know that the disabled person is likely to be placed at a substantial disadvantage in comparison with persons who are not disabled.

I am available for advice on any employment issue either on 0870 756 2929 or gda@hrlegalpartners.com