February 18th, 2015 / Insight posted in

Disability Discrimination – failure to make reasonable adjustments

By Donal Moon An Employment Tribunal has recently awarded £14,000 in compensation to an employee with multiple sclerosis (MS) because it failed to make reasonable adjustments to accommodate her disability. Her condition reduced her mobility severely and she needed to use a stick to walk. The employer failed to provide a toilet on the floor that she worked, which meant that she regularly had to walk 10 minutes to the ground floor to access a toilet. This resulted in the employee resigning and successfully claiming constructive unfair dismissal and disability discrimination against the employer. Reaching the right decision about whether it is reasonable to make an adjustment and acting quickly enough to make that adjustment before an employee becomes disaffected is a legal minefield for employers. The consequences of an incorrect decision can be catastrophic for both the employer and the employee. The employee can suffer stress, upset and injury to feelings and feel forced out of a job that they love, whilst for the employer, the wrong decision can result in costly and time consuming litigation and damage to the employer’s reputation from an adverse Tribunal Judgment. You can get expert HR and Legal guidance from HR Insight Ltd.