Opinion

Reasonable adjustments

The Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011 will, from 6 April 2011, will address some of the drafting errors in the Equality Act 2010.

From an employer's perspective, the main amendment will be to the duty to make reasonable adjustments clause. Under the Equality Act 2010 employers are currently under a duty to make reasonable adjustments for a disabled job applicant or employee even if, according to the drafting, the employer does not know or could not reasonably have been expected to know that the individual is disabled.

The Order will amend this to ensure that an employer who did not know or could not reasonably have known about the disability, will not be under a duty to make reasonable adjustments.

Remember - staff can be litigious

This was first published in April 2011

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