- Reasonable adjustments: the relevance of stress and anxiety to disability (News, 9 April 2013)
When considering the duty to make reasonable adjustments under the Equality Act 2010, anxiety and stress suffered by a claimant, as a result of the application of a provision, criterion or practice by the respondent, do properly need to be taken into account where they go to the nature of the disability itself, eg if the disability is an anxiety disorder. By contrast, where anxiety and stress can act as a trigger for the disability, or exacerbate it, but are not part of the disability itself, they are relevant instead to the cause of the disability, and the law does not require a tribunal to investigate the causes of a disability, only its effects. Secondly, the statutory requirement under the Equality Act 2010, when applying the duty to make reasonable adjustments, to make a comparison between the claimant and a person who is not disabled, is not incompatible with the Equal Treatment Framework Directive. EAT: Foster v Cardiff University.
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