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Case Law Update: Reasonable Adjustments (Disability discrimination)

The recent Employment Appeal Tribunal (EAT) case of AECOM Limited v Mallon considered whether an employer needed to know the specifics of a disabled person’s substantial disadvantage prior to being required to make reasonable adjustments.

The EAT held that it did not. In this case, the Claimant had applied for employment with the Respondent. The Claimant had previously worked at the Respondent but was dismissed during probation. As part of the application process, the Claimant asked for a telephone interview rather than submit an online application as a reasonable adjustment. In email correspondence, the Claimant explained that he had dyspraxia but did not clarify which part of the online application he was unable to complete. It was held that the Respondent ought to have known the Claimant was at a substantial disadvantage because if the Respondent wanted further clarification of the reasons why he found it difficult to complete the online application form, the Respondent should have telephoned him.

It is therefore pertinent that Companies undertaking the hiring process or even being asked for adjustments from employees are aware of their legal duties.

For advice on how this may impact your business and what you may need to do going forward, please get in touch with one of our specialist team today.

Swan Craig Solicitors are a locally trusted and thoroughly regulated law firm, housing qualified solicitors and experienced legal professionals well-versed in UK employment law. With the knowledge, training and expertise to advise you on issues with your employer or working environment, we are authorised and insured to give you legal guidance. With over 18 years of experience, our dedicated team are available at your convenience, so simply contact us today, on everything from disciplinaries to changes in contract.

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