The EAT case of Fareham College v Walters reduced the difficulties for Claimants left by the 2008 decision in Malcolm v Lewisham BC. The EAT held that the decision to dismiss an employee can be an unlawful act of discrimination by reason of it being a failure to make a reasonable adjustment.
The EAT found that employers should consider making reasonable adjustments at the point of dismissal, for example, transferring the employee to another role. Claimants no longer need to rely solely on disability-related discrimination, and the narrow comparator test set out in Malcolm v Lewisham BC can be avoided.
Fareham College v Walters (2009)