header-logo header-logo

Employment: Against the clock

Has Matuszowicz reset the clock for employers dealing with DDA 1995 claims? Tom Poole reports

Once an employer knows, or reasonably should know, that one of its employees is a disabled person within the meaning of s 1(1) of the Disability Discrimination Act 1995 (DDA 1995), it is under a duty to make reasonable adjustments to ensure that the employee is not placed at a substantial disadvantage in comparison to those people who are not disabled.

The duty to make reasonable adjustments, the nature of which is central to disability discrimination legislation, is unique from the duties imposed by other anti-discrimination legislation, eg it is possible for an employer to fail to comply with the duty by way of either deliberate conduct or inadvertent omission. No problem arises in relation to the definition of acts of discrimination in this respect. However, a problem does arise when one considers the provisions defining the period within which proceedings must be brought, contained in DDA 1995, Sch 3, para 3.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll