HR Update: disability discrimination – dismissal and the extent of the duty to make reasonable adjustments; and how to deal with anonymous evidence
Jack Harrington
28/07/2020

What’s New?
This month we look at updated pandemic data protection guidance from the ICO, preventing furlough fraud, and will working from home by the new normal?

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Recommending reasonable adjustments
Where a disabled employee is substantially disadvantaged by a workplace arrangement or practice, an employer must take reasonable steps to avoid that disadvantage, but how far might an employer have to go when it comes to making reasonable adjustments?

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Anonymous evidence
In a recent claim, the EAT confirmed it was not outside the range of reasonable responses to dismiss someone in reliance on an anonymous witness.

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Disability discrimination and dismissal
In the recent EAT case of Department of Work and Pensions v Boyers an employment tribunal was found to have adopted the wrong approach by focusing too closely on the employer’s decision making process rather than conducting a balancing exercise between the needs of the employer and the discriminatory effect of the dismissal on a disabled employee.

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