Q&As

Can an employer's refusal to postpone a disciplinary hearing to accommodate a disabled employee, who was absent from work at the time of the hearing as a result of their disability, amount to a failure to make a reasonable adjustment for the purposes of a disability discrimination claim, and if so, how is the provision, criterion or practice identified?

read titleRead full title

Published by a ÑÇÖÞÉ«ÇéÍø Employment expert
Published on: 03 October 2018
imgtext

If the employee in question has a Disability for the purposes of the Equality Act 2010, the employer will have to consider the duty to make reasonable adjustments.

For further information, see:

  1. •

    Practice Note: Disability

  2. •

    Prohibited conduct (Discrimination ±ð³Ù³¦)—o±¹±ð°ù±¹¾±±ð·É

  3. •

    Practice Note: Duty to make reasonable adjustments

The duty to make reasonable adjustments comprises three requirements, the first of which arises where a provision, criterion or practice (PCP) applied by or on behalf of the person subject

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Disciplinary definition
What does Disciplinary mean?

A disciplinary situation is a situation where breaches of rules or codes of behaviour or discipline are corrected or punished. Equally, where an employer's expectations about the way in which a job is to be performed, or its minimum standards, are not met, that may also give rise to a disciplinary situation in respect of the poor or inadequate performance that arises. Disciplinary situations therefore include misconduct or poor performance.

Read more readmore

Popular documents

What should a collective grievance process look like?

What should a collective grievance process look like?Paragraph 47 of the Acas Code of Practice on disciplinary and grievance procedures describes a collective grievance as a grievance raised on behalf of two or more employees by a representative of a recognised trade union or other appropriate

Can a settlement agreement provide that an employee will withdraw a data subject access request (DSAR)?

Can a settlement agreement provide that an employee will withdraw a data subject access request (DSAR)? If a settlement agreement provides that an employee will withdraw a DSAR, can the employer refuse to act on a DSAR subsequently made by that employee on the basis that it is ‘manifestly unfounded’

If a rentcharge is shown as being informally exonerated on title information, does this apply to the

If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit