Reasonable adjustments for disabled claimants to participate in claims

In Rackham v NHS Professionals Ltd UKEAT/0110/15, the EAT considered the extent of the tribunal's duty to make reasonable adjustments for a disabled claimant.

 

he EAT stated that tribunals should take into account the Equal Treatment Bench Book which is used in criminal cases.  A preliminary hearing should also be held to determine what adjustments it might be necessary to make. Tribunals should bear in mind that each case will depend on the particular circumstances of the individual, but that the autonomy of the individual and the decisions that they make should be respected and not, as a general rule, second-guessed. 

 

This particular case involved an autistic individual and disabled Claimants should ensure that they make reference to the Equal Treatment Bench Book and advise the tribunal at the earliest stage possible of any reasonable adjustments required. 

 

http://www.bailii.org/uk/cases/UKEAT/2015/0110_15_1612.html

Share on Facebook
Share on Twitter
Please reload

Featured Posts

Clarity on the Rights of Those Being Asked to Return to Work

1/1
Please reload

Recent Posts
Please reload

Search By Tags

COVID-19 related unfair dismissal?

If you have been dismissed as a result of self-isolating, you may have a case. Contact us today.

© 2020 Atkinson Rose LLP

 

Atkinson Rose LLP is regulated by the Financial Conduct Authority in respect of regulated claims management activities; its registration is recorded on the website https://register.fca.org.uk

Company number OC365819, Registered office 2nd Floor, 167-169 Great Portland Street, London, England, W1W 5PF.

*fees will be paid if the client cancels the agreement after the 14-day cooling off period