Duty to make adjustments

Case 8: The facts

Mr Bruce, a solicitor, brought a disability discrimination claim against a law firm which failed to offer him a post. He accepted that he had not met all the selection criteria because he did not have experience in certain areas. But he argued that, as he was disabled, the firm should have made reasonable adjustments to the selection criteria to accommodate him.

The ruling

The Court of Appeal held that Bruce had not been selected for the job because he lacked the relevant experience, and this was nothing to do with his disability. He therefore could not pursue his claim that the firm had failed to make reasonable adjustments under the DDA.

Bruce v (1) Chamberlain (2) Addleshaw Goddard A1/2003/2676

Case 9: The facts

Lynn Pelling suffered from a number of mental conditions, including agoraphobia, which prevented her from leaving home. As a result, she could not attend her workplace. Her employer did not give her the opportunity to work from home, even though this was allowed elsewhere in the company, and she was dismissed.

The ruling

The Employment Appeal Tribunal held that Pelling's dismissal was unfair. Her employer should have put the possibility of homeworking to her; by failing to do so, it had failed to fulfil its duty to make reasonable adjustments, and this amounted to disability discrimination.

BT v Pelling EATS/0093/03