Disability discrimination

This month a number of cases consider the employer's duty to make reasonable adjustments.

The key developments

* Once an impairment has lasted a year, there is no need for the tribunal to consider any further prognosis (case 1).

* Reduced motivation does not indicate a substantial adverse effect on day-to-day activities (case 2).

* The requirement to carry a product for sales purposes was a relevant "arrangement" when considering a duty to make adjustments (case 3).

* The duty to make adjustments arises from the date the employer knew or ought to have known of an employee's disability (case 4).

* A failure to consult an employee prior to dismissal amounted to disability discrimination (case 5).

* A serious failure to make reasonable adjustments can amount to a repudiatory breach of contract (case 6).

* There was no failure to make adjustments if there was no evidence that any proposed adjustments would be effective (case 7).

The basic legal rules

It is illegal for an employer to treat a disabled person less favourably; this includes refusing for a disability-related reason to hire or promote them. Employers must also make reasonable adjustments to remove any disadvantage faced by a disabled person.

A disability is defined as an impairment that lasts at least a year and has a substantial adverse effect on a person's ability to carry out normal day-to-day activities.