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Continuing obligation to make reasonable adjustments from application to employment?

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  • Continuing obligation to make reasonable adjustments from application to employment?

    Is there any case law which tests/proves an employer's continuing obligation and anticipatory duty to make reasonable adjustments, where the employee disclosed both the disability and its effect during the application process but began employment some 8 months later?

    By "anticipatory duty" I mean, once an employee makes a disability disclosure, the employer must act on their duty to make reasonable adjustments
    By "continuing obligation" I mean, once an employee makes a disability disclosure and seeks reasonable adjustments, for example, during the application process, the employer has a duty to ensure these reasonable adjustments either continue or are re-assessed in the future before eliminating them
    Tags: None

  • #2
    Might I add, my usage of "anticipatory duty" is not with reference to the duty upon public sector organisation to anticipate what's needed in advance. Instead, I refer to the secnario of an employer being notified of a disability during an application process and planning to employ this person in the future. Then, surely they must anticipate the need to make reasonable adjustments, if they were required in the interviewing process?

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    • #3
      Did this person remind the employer of his disability?
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Guides and handbooks for Litigants in Person - :

      https://legalbeagles.info/forums/for...60#post1701560

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      • #4
        There was no reminder made by the employee. There was a particularly hostile reaction and environment with regard to discussions around performance that did not assume the employee was totally responsible.

        Comment


        • #5
          This led the employee to be dismissed 3 months later. The employee had assumed their disability was being taken into account in some way following their initial disclosure. Albeit without reasonable adjustments—that were made during the recruitment process 8 months earlier.

          As above, there are aggravating circumstances which explain the employees inaction in repeatedly flagging the disclosure, though to my understanding this is an issue of practicality and not law.

          I am asking if there is any case law which relates to this.

          Comment

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