Q&As

Can an employer's refusal to postpone a disciplinary hearing to accommodate a disabled employee, who was absent from work at the time of the hearing as a result of their disability, amount to a failure to make a reasonable adjustment for the purposes of a disability discrimination claim, and if so, how is the provision, criterion or practice identified?

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Published on LexisPSL on 03/10/2018

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

  • Can an employer's refusal to postpone a disciplinary hearing to accommodate a disabled employee, who was absent from work at the time of the hearing as a result of their disability, amount to a failure to make a reasonable adjustment for the purposes of a disability discrimination claim, and if so, how is the provision, criterion or practice identified?

If the employee in question has a disability for the purposes of the Equality Act 2010, the employer will have to consider the duty to make reasonable adjustments.

For further information, see:

  1. Practice Note: Disability

  2. Prohibited conduct—overview

  3. Practice Note: Duty to make reasonable adjustments

The duty to make reasonable adjustments comprises three requirements, the first of which arises where a provision, criterion or practice (PCP) applied by or on behalf of the pers

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