Q&As

Are there any cases where it has been held that a dismissal of itself can amount to a provision, criterion or practice and therefore a failure to make reasonable adjustments?

read titleRead full title
Published on LexisPSL on 05/05/2017

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • Are there any cases where it has been held that a dismissal of itself can amount to a provision, criterion or practice and therefore a failure to make reasonable adjustments?

The duty to make reasonable adjustments comprises three requirements. The element that is common to all three requirements is that they will only apply where a disabled person is put at a substantial disadvantage in relation to a 'relevant matter' in comparison with persons who are not disabled.

The distinction between the three requirements is that each one contemplates a different cause of that substantial disadvantage:

  1. the first requirement applies where a 'provision, criterion or practice' applied by or on behalf of the person subject to the duty (eg the employer) causes such a disadvantage

  2. the second requirement applies where a 'physical feature' causes it

  3. the third applies where a disabled person would be put at such a disadvantage if an 'auxiliary aid' were not provided

In relation to the first requirement and the phrase 'provision, criterion or practice' (PCP), and your question as to whether a dismissal can of itself amount to a PCP:

Related documents:

Popular documents