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Cases on assessment and reasonable adjustment duty

This page briefly lists and links to some of the cases on whether it is possible to comply with the reasonable adjustment duty whether having done a proper assessment, including consulting with the employee. Most likely it is possible, but risky. For more, see Reasonable adjustment rules: Assessment and consultation.

Mid Staffordshire General Hospitals v Cambridge (2003) - EAT said the reasonable adjustment duty included an obligation to make a proper asssessment, so as to come to an informed view on what steps were reasonable. www.employmentappeals.gov.uk/Public/Upload/EAT75502432003.doc

Tarbuck v Sainsbury's (June 2006) - EAT disagreed with Cambridge case, though it would potentially jeopardise the employer's position not to consult. www.employmentappeals.gov.uk/Public/Upload/06_0136ResfhRCLA.doc

Barnet v Ferguson (Sept 2006) - the EAT preferred Tarbuck, though it was not necessary to decide the particular case. http://www.employmentappeals.gov.uk/Public/Upload/06_0220fhCFDA.doc

Hay v Surrey County Council (2007) - the Court of Appeal declined to consider the issue.
www.bailii.org/ew/cases/EWCA/Civ/2007/93.html

Project Management Institute v Latif (2007) - both parties accepted that Tarbuck was correct, so the EAT did not have to consider the issue. However, the EAT agreed that the Latif case was a good example of a situation envisaged by the EAT in Tarbuck, namely where a failure to carry out a proper assessment, although not as such a breach of the reasonable adjustment duty, may well result in a respondent failing to make adjustments which he ought reasonably to make (para 35).
www.employmentappeals.gov.uk/Public/Upload/07_0028ResfhRCCEA.doc

Employment: Reasonable adjustment rules

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Last updated 29th June, 2007