Disability Discrimination: A Move to Another’s Job is a Reasonable Adjustment

In Chief Constable of South Yorkshire Police v Jelic, the EAT was asked to consider the extent of a Chief Constable’s duty of reasonable adjustments under the Disability Discrimination Act.  Mr Jelic was a serving police officer with chronic anxiety syndrome. 

The Employment Tribunal found that in the circumstances of the case, it would have been reasonable to either swap the jobs being undertaken by the Claimant and another police constable, or to medically retire the Claimant on a police pension and then immediately re-employ him in as a civilian in a support staff role.  The Chief Constable appealed the decision stating that neither of these adjustments could be “reasonable adjustments” under section 18B(2) of the Act.  The EAT disagreed with this, finding that the possible adjustments set out under the Act is not exhaustive.  Indeed, the EAT went on to find that the Tribunal was entitled to find that the adjustments requested were reasonable. 

Although these adjustments may not be “reasonable” in every case, it is something that an employer can consider utilising when determining what adjustments should be made.