Friday, 25 April 2014

A Database of 'Reasonable Adjustment' Claims

I have listed some judgments below and the types of reasonable adjustment claims which have worked before in the ET. Contact me if you know of any others......

Reasonable Adjustments:

Paying for private medical treatment to enable the Claimant to return to work and cope with the difficulties she had been experiencing at work.

Croft Vets v Butcher Appeal No. UKEAT/0430/12/LA UKEAT/0562/12

Allocating some of the disabled person's duties to another person;

Transferring him to fill an existing vacancy

Returning to work on a phased return/and or in a temp role -   Fareham College Corporation v Walters Appeal No. UKEAT/0396/08/DM UKEAT/0076/09

Altering hours of working or training;
Costco Wholesale UK v Newfield UKEAT/0617/12/KN - reducing hours
and Secretary of State for Work and Pensions v Higgins. Appeal No. UKEAT/0579/12/DM

Assigning him to a different place of work or training;
Newcastle City Council v Spires UKEAT/0334/10/ZT

Allowing him to be absent during working or training hours for rehabilitation, assessment or treatment;
working from home - Secretary of State for Work & Pensions v Wilson UKEAT/0289/09/DA

Giving, or arranging for, training or mentoring (whether for the disabled person or any other person);
Acquiring or modifying equipment;
Modifying instructions or reference manuals;
Modifying procedures for testing or assessment; - Burke v The College of Law & Anor [2012] EWCA Civ 37
Providing a reader or interpreter;
Providing supervision or other support.''
Failure to provide psychiatric services - Croft Vets v Butcher Appeal No. UKEAT/0430/12/LA UKEAT/0562/12

Dismissal - Fareham College Corporation v Walters (see above).
In this case, the employer laid itself open to criticism and a finding that it failed to
make reasonable adjustments.  Its conduct provides a list of ‘actions to be avoided
at all costs’:  

• The manager dealing with the capability procedure did not have any knowledge
or understanding of the claimant’s underlying condition;
• The respondent did not have up to date medical reports as to the claimant’s
position or prognosis;
• The manager who concluded that it was unlikely that the claimant would be
able to return to her position on a full time basis was unable to explain the
reasoning which led him to that conclusion;
• The respondent failed to consider that allowing the claimant to return using a
phased return or in an alternative role might only be necessary in the short
term, and therefore in dismissing the possibilities due to the difficulties such
steps would have on educational delivery, failed to demonstrate that the
adjustments were not reasonable under s.18B.

Chief Constable of South Yorkshire Police v Jelic UKEAT/0491/09/CEA
chronic anxiety syndrome - 1) he should have been deployed into a non client-facing officer role rather than retired.

Are tribunal numbers really down?

According to Government sources the number of ET cases submitted have fallen astronomically by 70% since fees were introduced. This seems incredulous when the employment lawyers I talk to say they are just as busy. After all many claimants have union support and those with home contents insurance are covered and can approach Direct Access Barristers and Solicitors for employment claims.