Legal principle
A policy applied to everyone can still place a disabled worker at a substantial disadvantage because disability-related absence makes the worker more likely to trigger it. Adjustments may include modifying the trigger or withdrawing a warning, although reasonableness depends on the facts.
What the court decided
The Court of Appeal confirmed that the duty was capable of applying even though the attendance policy treated disabled and non-disabled absence in the same formal way.
The practical test
- 1
Identify the provision, criterion or practice applied by the employer.
- 2
Identify the substantial disadvantage experienced by disabled people and by the claimant.
- 3
Assess whether the proposed step would avoid that disadvantage and was reasonable for the employer to take.
How tribunals apply it
- The adjustment sought must be identified with enough precision to assess its effect.
- Reasonableness considers effectiveness, practicability, cost, disruption and the employer's resources.
- The duty does not require every disability-related absence to be ignored.
Connected legislation
WorkDisputes tribunal data
Recent decisions involving related issues
These decisions are selected from topic classifications in our public Employment Tribunal dataset. A matching topic does not mean the decision applied this authority directly.
Discrimination and Harassment
Employer: LIFE Multi Academy Trust
The Tribunal found that the respondent discriminated against the claimant in relation to the sending of a letter of 15 December 2022, but dismissed all other claims of discrimination, harassment, and victimisation, resulting in a split overall outcome with remedy reserved.
Legal Issues (10)
- Disability discrimination under sections 15
- 20-21
- 26
- 27 of the Equality Act 2010
- constructive knowledge of disability
- proportionality
- reasonable adjustments
- harassment
- victimisation
- causation and influence of protected acts
Reference: 2600754/2023
Constructive Dismissal, Discrimination, Unpaid Wages, Harassment and Other
Employer: Rippleglen Ltd
The claimant succeeded on some harassment, reasonable adjustment, constructive dismissal, and statutory right claims but lost on wages and other allegations, resulting in a mixed outcome.
Legal Issues (7)
- Disability harassment
- reasonable adjustments
- discriminatory constructive dismissal
- unlawful deduction from wages
- statutory right to be accompanied
- time limits
- ACAS code uplift
Reference: 6000032/2024
Discrimination and Harassment
Employer: Department of Work and Pensions
All claims were withdrawn by the claimant and dismissed by the Tribunal.
Legal Issues (4)
- Disability discrimination
- harassment
- reasonable adjustments
- withdrawal of claims
Reference: 6020902/2024
Discrimination
Employer: Ocado Central Services Ltd
The claimant succeeded in part on reasonable adjustments claims but failed on the claim regarding the attendance management procedure, resulting in a split outcome and an award of £23,410.87.
Legal Issues (4)
- Reasonable adjustments under sections 20-21 and schedule 8 of the Equality Act 2010
- attendance management procedure as a PCP
- remedy including compensation for financial loss and injury to feelings
- recommendations under section 124(3)
Reference: 1305252/2024
Discrimination and Whistleblowing
Employer: Greenlight Recruitment Ltd
The claimant succeeded in his whistleblowing detriment claim but failed in his disability discrimination claim; remedy for the successful claim is to be determined at a later hearing.
Legal Issues (4)
- Disability discrimination under sections 20 and 21 Equality Act 2010 – whether the respondent applied a provision
- criterion or practice (PCP) that placed the claimant at a substantial disadvantage
- whether the respondent had a duty to make reasonable adjustments as an employment service provider. Whistleblowing detriment under section 47B Employment Rights Act 1996 – whether the disclosure was a qualifying protected disclosure under section 43B (information tending to show a failure of health and safety protection, in the public interest)
- whether the disclosure was a material cause of the detrimental treatment (cessation of shifts and termination)
Reference: 6017871/2024
Unfair Dismissal, Discrimination and Harassment
Employer: Blossom Homecare Ltd
All claims were dismissed: unfair dismissal upon withdrawal, and the discrimination and harassment claims were out of time.
Legal Issues (2)
- Time limits for discrimination and harassment claims under the Equality Act 2010
- withdrawal of an unfair dismissal claim
Reference: 6017618/2025