Settlement agreements and reasonable adjustments

Cases of disability discrimination often lead to settlement agreements.

An employer can refuse to make a reasonable adjustment for a disabled employee where it has a justification to do so. If the employer continues to keep its refusal under review, does the tribunal time limit run from the initial refusal?

Jobcentre Plus v Jamil,

The disabled Claimant worked at a Job Centre and had been refused a reasonable adjustment of a transfer to another workplace closer to home. On the facts, if time ran from the decision to refuse a transfer, the claim would have been out of time, but not if the refusal was a continuing act or state of affairs.

The EAT held that the discriminatory act extended over a period of time so the Claimant had brought her claim in time.

Here, the continuing duty to make reasonable adjustments did exactly that. It has to be fulfilled "on each day that it remains a duty".

With a continuing duty to reassess whether reasonable adjustments could be made, your employer must ensure that their decision reflects the current position of your employment as and when it changes.

If they fail to do this, you could have a claim similar to the above case.

A settlement agreement could be the best way to resolve any issues with your employer.

If you require advice or assistance on any settlement agreement or any other legal matter then please feel free to contact us. We can offer tailored advice to your specific situation.

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