Reasonable Adjustments – Employers should consider job swaps
In the case of Chief Constable of South Yorkshire Police v Jelic the Employment Appeals Tribunal supported an employment tribunal’s finding that a reasonable adjustment could involve swapping roles among employees.
The EAT did observe that the case they were considering involved a “disciplined service” – where the employee whose role would have been changed could be forced to swap jobs even if they objected – but the case will also have a bearing on all employers, at least to consider this option & to discuss it with employees in appropriate cases.
The other important finding in this case was that section 18(b) of the Disability Discrimination Act is non-exhaustive, and that the law may require an employer to treat a disabled employee more favourably than one who is not disabled.
As with so many cases in employment law, each case will turn on its own merits, and employers are therefore advised to consider obtaining professional advice before making any decisions.