Whether an adjustment in relation to a disabled worker is reasonable will depend on the facts and circumstances of each case.
The list of reasonable adjustments (e.g. transferring a disabled worker to fill an existing vacancy) set out in s. 18B(2) of the Disability Discrimination Act 1995 is not exhaustive.
In Chief Constable of South Yorkshire Police v Jelic [EAT/0491/09], the EAT held that an employer’s obligation to make a reasonable adjustment by transferring a disabled worker to another job could involve:
• The disabled worker swapping their job with another worker or
• Retiring and re-hiring the disabled worker.
Swapping Jobs with another Worker
The EAT upheld the tribunal’s decision that the failure by South Yorkshire Police (SYP) - to allow Mr Jelic, a disabled police officer, to swap his job with another police officer – was a failure to make a reasonable adjustment.
Retiring and Re-hiring the Disabled Worker
The tribunal also decided that the failure by SYP - to offer ill-health retirement to Mr Jelic and then re-employ him as a civilian support worker – was a failure to make a reasonable adjustment.
However, the EAT remitted the decision to a different tribunal because the original tribunal did not fully explain how it had reached its decision. But the EAT said that the failure by SYP to retire and re-hire Mr Jelic could be a failure to make a reasonable adjustment.
The EAT added that the employer’s obligation to make a reasonable adjustment by transferring Mr Jelic to a civilian support job arose before he retired on the grounds of ill-health. It was wrong to suggest that the obligation no longer existed once Mr Jelic’s employment as a police officer was terminated.
The fact that Mr Jelic was receiving an ill-health pension in respect of his employment as a police officer – did not prevent the tribunal from considering whether his re-employment as a civilian support worker was a reasonable adjustment.
Also see Re-hiring a Disabled Person.
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