UK: Disability Discrimination: Reasonable Adjustments
Authors: Stephen Miller, Corinna Harris, and Charlotte Stern
A recent disability discrimination case considers when it is reasonable not to make reasonable adjustments.
Employers must make reasonable adjustments for disabled employees to support their participation at work. What’s “reasonable” depends on the circumstances; whether the adjustment would help, its cost relative to the employer’s resources, and its impact on operations. Examples include specialist equipment for visual impairments or extra exam time for apprentices with ADHD. However, as explained here, adjustments will not be required if they would not make a difference.
A recent case provides further guidance on the obligation to make adjustments.
Mr Chowdhury, a customer service assistant at London Bridge Station, had a foot condition that made standing and walking painful. After sick leave, he was temporarily placed on the Help Desk and then added to the redeployment register. Medical evidence showed he could work part-time in a sedentary role. Following capability meetings, he was dismissed on 25 August 2021.
He brought claims for:
- Failure to make reasonable adjustments: arguing he should have been offered one of three sedentary roles (stores co-ordinator, document controller, HR administrator) and given more time to be redeployed.
- Discrimination arising from disability: claiming that it was disproportionate to the employer’s legitimate aims.
The Tribunal found:
- Mr Chowdhury was disabled and the employer should have known.
- The duty to make reasonable adjustments arose, but he did not meet the essential criteria for the roles and that training would not compensate for his lack of core competencies.
- The dismissal was proportionate, as alternative measures had already been considered.
It also noted the financial cost of employing someone indefinitely in a role that was not needed. The Employment Appeal Tribunal upheld the decision.
Key Action Points for Human Resources and In-house Counsel
Employers are not required to place disabled employees in roles that they are unqualified for. If the employee does not meet the basic requirements, they need not be appointed. Employers should ensure job requirements are genuinely essential and keep written records explaining why the employee did not meet them.
