header-logo header-logo

Firm answer

18 July 2014 / Spencer Keen
Issue: 7615 / Categories: Features , Public
printer mail-detail
specialist_public_keen

Employers do not owe a duty to make reasonable adjustments for persons who are not disabled, says Spencer Keen

The Court of Appeal has recently confirmed in Hainsworth v MOD [2014] EWCA Civ 763 that the duty to make reasonable adjustments is only owed to disabled employees and that adjustments are not required to be made for employees who are associated in some way with a disabled person.

Hainsworth

The appellant in this case was employed by the British armed forces in a civilian capacity since 30 April 1998. She was an inclusion support development teacher at the relevant time and was required to work from a British Garrison in Germany. Her daughter had Down’s Syndrome and was disabled within the meaning of the Equality Act 2010. Although the respondent provided educational facilities for the children of its employees it did not provide special educational needs facilities. The claimant’s daughter could not therefore receive her schooling from the respondent in Germany.

After a number of informal enquiries the claimant submitted a formal request

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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll