What if an employer fails to make reasonable adjustment during the dismissal process; does that mean the dismissal itself is unfair?

BOOK YOUR FREE INITIAL CALL TODAY

Book your free initial call

"*" indicates required fields

Name*
Our 72 Hour Return Policy*
We endeavour to make an initial response to all enquiries within 24 hours but please be aware that on some occasions due to prior commitments or volume of calls we will not be able to respond in that time frame. We also operate a 72 hour return policy. This return policy means that if we have not responded with 72 hours of your initial enquiry we are unable to do so due to current workloads and we will destroy your data accordingly. This policy ensures you are not left waiting and have the certainty that your data is not compromised. In most instances however we are able to make contact within a 24 hour time frame. Please note our free initial advice service is available to clients at our total discretion and if your case is of a complex nature we may not be able to offer you a free consultation. However in these instances we will advise you what the charge would be for an initial fixed fee consultation.
(view our privacy statement)
This field is for validation purposes and should be left unchanged.
What if an employer fails to make reasonable adjustment during the dismissal process; does that mean the dismissal itself is unfair?

The answer, on the facts of the case, is no according to Knightley v Chelsea & Westminster Hospital NHS Trust.

In summary –

A disabled employee who was dismissed under the capability procedure was not given an extension of time for appealing the dismissal. Whilst the tribunal held this was a failure to make a reasonable adjustment, the dismissal was still fair.

The EAT noted the legal tests involved in the different claims before it were different (unfair dismissal, disability arising discrimination and failure to make reasonable adjustments) and whilst an employer might fail on one of the claims it does not mean that it will fail the others.

It is necessary to draw conclusions under each test from the tribunal’s findings of fact and apply the legal principles applicable to each claim.

The lesson – each separate claim brought needs to be assessed against the correct legal test.

Astons Solicitors
9th May 2022