Eastern and Coastal Kent PCT v Jocelyn Grey EAT/0454/08

disability discrimination | duty to make reasonable adjustments | knowledge of disability

The Employment Appeal Tribunal (EAT) has considered the criteria that must be met for an employer to be exempt from the duty to make reasonable adjustments under the Disability Discrimination Act 1995 if it does not know, and could not reasonably be expected to know, that an individual has a disability.

Under s.4A(3) of the Disability Discrimination Act 1995, an employer is exempt from the duty to make reasonable adjustments for a disabled person if it does not know, and could not reasonably be expected to know, that he or she has a disability and is likely to be placed at a substantial disadvantage by the provision, criterion or practice, or physical feature of the premises in question.