Reasonable Adjustments and Time Limits

When an employer fails to make a reasonable adjustment for a disabled person, when does the normal time limits to present a claim start to run? We already know that limitation runs from the time of a deliberate decision not to make a reasonable adjustment but when should time start to run where the employer failed to make any decision whatsoever?

In Matuszowicz v Kingston Upon Hull City Council, the Court of Appeal has now held that even where the omission or failure was ongoing at the time of the claim but where a future adjustment was still possible, the effect of Paragraph 3, schedule 3 of the Disability Discrimination Act 1995 was to create an artificial limitation start date. That was the date defined in paragraph 3(4)(b) as when the period expires within which he might reasonably have been expected to do the omitted act if it was to be done.

Where an omission is ongoing at the time of the claim, a Tribunal will have to determine the period during which a reasonable employer, under a duty to make an adjustment and intending to make it, would make the adjustment. Limitation starts to run when that period expires.

What is interesting however is that Paragraph 3(4)(b) is not restricted to deliberate omissions.

Again this is an important case moreso for employment advisors and lawyers who advise on time limits and represent claimants and respondents before the Employment Tribunals. If you need further advice on this or any other issue please email me on gda@hrlegalpartners.com