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Disability discrimination: Failure to consider reasonable adjustment is not breach of employer's duty

This report relates to 1 case(s)

Nothing in the Disability Discrimination Act 1995 prevents an employer from arguing that a particular step was not a reasonable one that it should have taken to comply with its duty to make adjustments even if it did not consider taking that step at the time, holds the EAT in British Gas Services Ltd v McCaull [2001] IRLR 60. Nor is there an automatic breach of a s.6 duty because the employer was unaware of its existence. The test to be applied is an objective one: did the employer take such steps as it was reasonable, in all the circumstances of the case, for it to have to take to prevent the arrangements it had made from placing the disabled person concerned at a substantial disadvantage in comparison with those who are not disabled?