Disability Discrimination: Businesses Take Note

Businesses should take note of an Employment Appeal Tribunal (EAT) decision which suggests that a requirement to attend an interview has the potential to disadvantage a disabled employee.

The decision also highlights how an employer can make reasonable adjustments to remove that disadvantage. However, the EAT makes it clear that appointment to the post is not automatically required. It will be for the employer to consider how it can assess the disabled employee alongside other candidates in the particular circumstances. In this case, the EAT upheld an employment tribunal decision that an employer failed to make reasonable adjustments for a disabled employee in a redundancy exercise. The employee's disability meant that he was unable to attend administrative meetings, which the tribunal held included interviews. The tribunal found that the employer failed to consider alternative ways of assessing his suitability for roles into which he might have been redeployed as an alternative to redundancy. For expert guidance on employment law for your business, contact Jon Dyson on 01422 339 600