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.

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