The employer's duty to make reasonable adjustments: when is a reasonable adjustment, not reasonable?

Bunbury, S. 2009. The employer's duty to make reasonable adjustments: when is a reasonable adjustment, not reasonable? International Journal of Discrimination Law. 10 (3), pp. 111-131. https://doi.org/10.1177/135822910901000302

TitleThe employer's duty to make reasonable adjustments: when is a reasonable adjustment, not reasonable?
AuthorsBunbury, S.
Abstract

This article considers the impact of the reasonable adjustments duty imposed upon employers in section 4A of the Disability Discrimination Act (1995) where a provision, criterion, practice, or physical feature of the premises of the employer places the disabled person at a substantial disadvantage in comparison with persons who are not disabled. It considers that while the duty to make reasonable adjustments has contributed to the rising rates of employment among disabled people, an examination of the Employment Tribunal and EAT Statistics (GB) conversely reveals that there has been a steady increase in cases of disability discrimination in recent years. It is argued that the complexity of section 4A and the ensuing case law have contributed to the rising tide of cases in this field and is a trend which is likely to continue for the foreseeable future.

JournalInternational Journal of Discrimination Law
Journal citation10 (3), pp. 111-131
ISSN1358-2291
YearSep 2009
PublisherSage
Digital Object Identifier (DOI)https://doi.org/10.1177/135822910901000302

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