An EAT has ruled that, as the duty to make a reasonable adjustment for a disabled employee is a continuing duty, a failure to comply with that duty was a continuing act, at least where the employer committed to a review. As such, the time limit for bringing a claim did not run from the employer’s decision not to make the adjustment.
This conflicts with an earlier Court of Appeal ruling (Matuszowicz) that the time limit starts to run on the expiry of the period within which the employer might reasonably have been expected to make the relevant adjustment. However, the EAT’s decision was also based on the fact that the employer had expressly stated that it was constantly monitoring the situation and that the decision might be reviewed, which made clear that there was no “once and for all” refusal. Employers may wish to bear the effect of making such a commitment in mind, at least while Matuszowicz remains good law. (Secretary of State for Work and Pensions (Jobcentre Plus) v Jamil, EAT)