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HR buddies

The Covent Garden HR Buddies is an initiative facilitated by Clarkslegal to offer the London HR community the opportunity to meet with like-minded peers, attend relevant seminars and workshops and boost your knowhow of the issues specific to this sector.
 
It’s free and open to anyone interested in HR. It sets its own agenda, so it can be purely social or facilitate presentations to help prevent HR problems for companies in the London area. So if you want to network face to face contact buddy@clarkslegal.com. Click here for further details about our next HR Buddies event.  

If, alternatively, you wish to network online with other HR professionals, then using the discussion forum below, is your ideal opportunity to do so.

Please feel free to post new queries or questions, and/or reply to ones already posted. All you have to do is register a few details, then you will be ready to post your thoughts.

You can post a new query by selecting the tab "new thread". To reply to a post, select that post and then choose the "reply" tab.
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  Discussions  Buddy's question time  Disability: rea...
 Disability: reasonable adjustments
 
Kate_Atkinson
99 posts
Joined
1/4/2006
Disability: reasonable adjustments
Posted: 20 Nov 06 4:14 PM

This week buddy was asked: If a disabled employee wants to apply for an alternative job in the business and that job would need reasonable adjustments making to it in order for the employee to do that job, do the adjustments have to be made before the employee applies for that job?
Kate_Atkinson
99 posts
Joined
1/4/2006
Re: Disability: reasonable adjustments
Posted: 28 Nov 06 9:37 AM

Buddy says: No, a duty to make reasonable adjustments does not arise until an individual actually applies for that job.

Employer information: This point of law was clarified in the recent case of NTL Group Ltd v Diflco [2006] EWCA Civ 1508. Mrs Difolco was made redundant from a job she was carrying out part time, as she was partially paralysed she could only work part time. She was offered the chance to apply for another job as being suitable alternative employment. This alternative job was advertised on a full-time basis, however she was informed that should she be appointed her employer would consider changing the job to a part time one.

Mrs Difolco refused to apply for the alternative position unless the job was changed to part time before she applied for it. Her argument was that by failing to convert the job to part time before she applied for it, the employer had failed to make reasonable adjustments.

The Court of Appeal held that this could not amount to a failure to make reasonable adjustments. They said that until Mrs Difolco had applied for the job, no duty to make reasonable adjustments arose.
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