The Court of Appeal has ruled that there was no duty in a redundancy scenario to make reasonable adjustments to an alternative role before the claimant had applied for it. The claimant was partially paralysed and was only able to work part-time. She was made redundant and offered the chance to apply for another job. The new job was on a full-time basis but the claimant was told that her employer would consider changing the position to a part-time role. The claimant refused to apply for the job unless it was changed to a part-time position before she applied for it. Her claim was that the employer had failed to make reasonable adjustments by failing to convert the job to part-time.
The Court of Appeal decided that this did not amount to a failure to make reasonable adjustments. The duty to make reasonable adjustments did not arise until the claimant had applied for the new job. By implication, therefore, the case shows that the mere fact of advertising for a full-time job cannot constitute an “arrangement” for the purposes of the Disability Discrimination Act 1995.
NTL Group Limited v Difolgo