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Disability discrimination: Employee's inability to suggest adjustments did not affect employer's duty

This report relates to 1 case(s)

In Cosgrove v Caesar & Howie [2001] IRLR 653, the EAT holds that an employment tribunal erred in law in holding that, because the disabled employee in this case and her doctor could not suggest any adjustments that might enable her to return to work after a year's absence due to depression, there had been no breach of the employer's statutory duty to make reasonable adjustments. The employer had given no thought to that issue, even though it was possible that adjustments such as transferring the employee to another office, or making changes to her working hours, might have facilitated her return.