BUSINESS bosses face potential problems if disability means an employee can no longer do their job, despite any 'reasonable adjustment' the employer might make to try to resolve things.
Solicitors Williamson and Soden warn that the Disability Discrimination Act, which came into full force on October 1, requires the employer to consider transferring the disabled worker to a different job.
Employment law specialist Martin Burnett said: "An employer must offer a disabled person a new job that is both completely different to their original role and a promotion, resulting in them being treated more favourably than other employees, if this is the reasonable thing to do.
"Problems can also arise when an employer is too 'reasonable' in his treatment of someone with a disability, giving rise to complaints from employees who feel they have not been afforded equal opportunities."
Williamson and Soden advise that employers tasked with providing their 'reasonableness' on DDA grounds at an employment tribunal can protect themselves by carefully balancing the different factors involved and keeping written notes on their reasoning at each stage.
