Tue11212017

Last updateTue, 24 Feb 2015 5pm

DISABILITY DISCRIMINATION: A step too far

04 May 2012  

The EAT has tightened up its approach to the duty to make reasonable adjustments, write Nick Thorpe and Gemma Rusling

In recent years, tribunals have applied the duty to make reasonable adjustments fairly widely. But do they sometimes go too far? In Newcastle upon Tyne Hospitals NHS Foundation Trust v Bagley [2012], the Employment Appeal Tribunal (EAT) held that the tribunal had and overturned its finding that the employer (the trust) had failed to make reasonable adjustments in failing to facilitate a disabled employee’s application for Permanent Injury Benefit.

Additional Info

  • Case(s) Referenced:

    Newcastle upon Tyne Hospitals NHS Foundation Trust v Bagley [2012] UKEAT /0417/11

    RBS v Ashton [2011] ICR 632

    The Environment Agency v Rowan [2008] IRLR 20

Last modified on 16 July 2015