Reasonable adjustments during recruitment

legal updates

The employee was suffering from cancer, when he was made redundant.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

In a recent tribunal decision, an NHS worker was awarded a rather large pay out of £115,000, by successfully pleading disability discrimination (Section 6 and 15 Equality Act 2010) against the NHS, for failure to comply with their Section 20 Equality Act 2010 obligations to make reasonable adjustment to him as a disabled worker.

The employee was suffering from cancer, when he was made redundant by the NHS following a restructure. The employee was invited to apply for other vacancies within the NHS, which he did. An interview was set up and the employee was given reasonable opportunity to alter the interview date to fit with his treatment schedule, and was allowed time for adjournment during the interview if it was required. However, the employee did not perform well at the interview and as such was not redeployed.

The employee made a claim against the NHS on the basis that they failed to make reasonable adjustments by making him attend a comparative interview in the first instance. Having had a good service record within the NHS previously, this should have been used to assess the employee’s ability to undertake this new role, and not their performance during interview. The interviewers were more than aware of the employees condition and treatment regime yet failed to give them the benefit of the doubt that this would obviously have an impact on their abilities at interview. The Tribunal felt that the NHS had failed to make reasonable adjustments by making the employee attend the interview, and as such were deemed to be in breach of Sections 6, 15 and 20 of the Equality Act 2010. As such the payout awarded was as follows;

•         £73,270.50 for loss of earnings;
•         £27,666 for pension loss;
•         £5,625 for injury to feelings; and
•         £8,494.92 in interest.

A costly mistake to make!

DMS NavigatorDealer Management System software for Car Sales, Aftersales and eCommerce

Our dealers use us to help them be more Efficient and Profitable!

You can use our Dealer and Lead Management software to integrate all dealership departments, both online and physical ; providing all in-house functions; Invoicing, Stock Management, Accounting and Marketing as well as interfacing for advertising, ecommerce and more.

Related Legal Updates

Extension of Redundancy Protection for Pregnancy and New Parents

Explore the strengthened redundancy protections for new parents with significant amendments to maternity, adoption, and shared parental leave rights, effective from April 2024, ensuring enhanced job security during critical family milestones.

Wages increasing from 1 April 2024

With effect from 1 April 2024, the hourly rates of pay are…

Employment Law: Carer’s Leave

The regulations explicitly safeguard employees from any detriment or dismissal resulting from taking or seeking to take carer’s leave.

Employment Law: Annual Leave Changes

Several significant changes came into force on 1 January 2024 that affect the statutory annual leave and pay entitlements.

The office Christmas party season is here

Where an employee makes comments concerning a person’s body parts or style of dress that are intended to be good-natured but are perceived as offensive…

The criteria for whether a philosophical belief is likely to have protection…

ACAS instructed Corby to remove the posts criticising the Black Lives Matter movement, as some employees had found them offensive.

Update on Rights to Flexible Working Requests

Employers will remain entitled to turn down a request pointing to reasonable grounds as a basis for refusal.

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.