Employment Law Et

Salford NHS Primary Care Trust v Smith kill/0507/10
disability discrimination | duty to make reasonable adjustments
The traffic Appeal Tribunal (EAT) has confirmed that a proposed adjustment ordain constitute a reasonable adjustment within the importation of the Disability Discrimination Act 1995 (DDA) only where it prevents the provision, bar or practice (PCP) that places the disabled person at a hearty disadvantage. 
Implications for employers * The Equality Act 2010, which replaced the DDA from 1 October 2010, imposes a duty on an employer to make reasonable adjustments where a disabled employee is placed at a substantial disadvantage by a provision, criterion or practice, a physical feature of premises in use(p) by the employer, or the lack of an auxiliary aid.  * Employers will pleasurable this decision as it clarifies when a proposed adjustment will non amount to a reasonable adjustment. However, each case will be decided on the facts and employers should consider care risey the fiber of adjustments it can make to alleviate the substantial disadvantage.  |
The claimant, Mrs Smith, was employed by Salford NHS Primary Care Trust as community paediatric team leader/clinical specialist and occupational healer at a managerial level.



 
On 19 family line 2007, Mrs Smith was diagnosed with chronic fatigue syndrome and went on long shape sick leave, having been signed off by her GP. She was unable to publication to her post or perform any productive work. 
An occupational health physician, Dr Gallagher, considered that Mrs Smith would not have grounds for ill-health retirement, nor would she be able to return to her current post because of her inability to trade wind with clients. Dr Gallagher suggested that the most suitable alternative would be a reducing in hours and a change of role and responsibilities. In February 2008, Dr Gallagher suggested a career break would be a better option to allow Mrs Smith the breathing space she needed to tame. The trust made it...If you want to get a full essay, order it on our website: Orderessay



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