Case Update: reasonable adjustments and indirect discrimination

Dispute Resolution - 1 minute read

The Employment Appeal Tribunal, in an indirect discrimination case, found that an employer who had not offered its employee a real choice in alternative tasks had effectively force her to return to tasks that because of her disability she was unable to do. 

Lessons for Employers include making reasonable adjustments by proactively looking for an alternative posts for disabled Employees, where they know they cannot undertake a particular role. 

The case: Wolfe v North Middlesex University Hospitals NHS Trust UKEAT/0065/14/MC

An employer should not inadvertently force a disabled employee to take on or return to a role it knows they cannot undertake, and should make sure that it proactively helps the employee find alternative posts