| Does an employer need to know the specifics of a disabled person’s substantial disadvantage before being required to make reasonable adjustments?
No, held the Employment Appeal Tribunal (EAT) decided in the recent case of AECOM Limited v Mallon, dismissing the employer’s appeal on that point.
The Claimant applied for employment at the Respondent (where he had previously worked and been dismissed during probation). He sought a telephone interview to supplement his online application as a reasonable adjustment, having informed the Respondent of unspecific disability-related difficulties with making on online application, which he did not explain when requested by email. The Respondent did not agree to a telephone interview. The original employment tribunal upheld a complaint of a failure to make reasonable adjustments.
The Respondent’s appeal against the findings that it had been under a duty to make reasonable adjustments failed. The EAT decided that the original tribunal was entitled to find that they had constructive knowledge of disability in the circumstances, as it had failed to make reasonable enquiries of the Claimant, e.g. by phoning him.
This case illustrates just how wide the duty to make reasonable adjustments has become and all employers should take note. |
