Equality Act.......

[General Mannerheim]

The House of Lords has ruled that the positive duty to make reasonable adjustments under the disability discrimination legislation may extend to positively discriminating in favour of disabled people.

The House of Lords' Decision

The House of Lords allowed Mrs Archibald's appeal and remitted the case to the employment tribunal.

They held:

The requirement that Mrs Archibald had to be physically fit to work amounted to an "arrangement" under section 6 (2)(b) of the Act which she was no longer able to meet and that exposed her to another "arrangement" or condition which was that if she was physically unable to do the job she was employed to do then she was liable to be dismissed. These arrangements placed Mrs Archibald at a substantial disadvantage in comparison to those non-disabled persons.

The positive duty to make reasonable adjustments may extend to positively discriminating in favour of disabled people.

The positive obligation to make reasonable adjustments potentially includes the right for disabled persons to "trump" other job applicants where the disabled person is suitable to do that work but may not be the best candidate for the job.

[fishtank]

Fishtank so are you saying that because someone is not covered by the EA2010 they can be treated less favourable than someone who is (ie be taken off their duty to accomadate someone needing reasonable adjustments?) As the advice we received from Div reps and head of H/R said no?

You could not under any circumstances build a coherent case for being treated less favourably to take to an industrial tribunal on the grounds that you had been instructed to move from one duty to another as all duties are considered to be equal, what would be your grounds?

I would need to see this "advice" from "Div reps and head of H/R", do you have it in writing? Did you hear it directly from those involved or is it just second hand gossip? If the business is willing to take on the Equality Act I'm surprised there hasn't been an official document of sorts.

[graffi223]

Fish I have message you.

[roger]

Just a quick question.....

If someone is covered by the Equality Act and there is a duty in the office which would be suitable for that individual. Can the original Duty holder be moved of that duty to accommodate them?

Cheers

From what I have read of the equality act ,it say a reasonable adjustment would be to transfer the disabled to an existing vacancy not displace an existing employee,which was the same under the DDA.

[clashcityrocker]

From what I have read of the equality act ,it say a reasonable adjustment would be to transfer the disabled to an existing vacancy not displace an existing employee,which was the same under the DDA.

That might be a lot easier in a mail centre where all your jobs are similar.
It is completely different in a delivery office.
And obviously the nature of the disability will play a big part in deciding which duty is achievable.

[Postaltony]

No you can't displace people to accommodate. All duties are created equally. The employer as a duty in law to make a reasonable adjustment, cost shouldn't come into it unless it's disproportionate. In Royal Mail case the issue of cost couldn't be defended. However you can't create a role that doesn't exist. I'd suggest a conversation with the individual and manager to discuss what reasonable adjustments are needed. From what I've read so far, it sounds like the disability isn't physical but perhaps anxiety related which being on a regular duty would be ideal. However if the day off cover is covering the same duties every week. Then this may also be classed as regular. But without knowing all the facts it's difficult to give firm advice.

[General Mannerheim]

I really don't know if your a rep or been told this off a rep but I can tell you now your/they are very wrong.

I've already posted earlier in this thread the example of favourable treatment used.

Also you assert that a duty can't just be made up, a similiar approach was taken by a recent police force and they got pretty short shift off the employment tribunal as would any large employer.

The duty to make reasonable adjustments is a very wide ranging one and employees should be reminded just how far an employer HAS to go to make them, nothing should be ruled out and the disabled person should be allowed as much input into their job role as possible.

[clashcityrocker]

No you can't displace people to accommodate. All duties are created equally.

Some duties are indoors.
Some duties avoid blocks of flats.
Some duties avoid hills.
Equal they are not.

How can people not be displaced? Do they own the duty?