Retirement and re-employment is a reasonable adjustmentChief Constable of South Yorkshire Police v. Jelic [2010] UKEAT 0491_09_2904 | |||
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04/07/2010 In Chief Constable of South Yorkshire Police v Jelic the EAT has ruled that exchanging the role of a disabled employee with that of another employee is capable of being a reasonable adjustment under the Disability Discrimination Act 1995. The Employment Tribunal was entitled to find that a reasonable adjustment could have included role swapping and that the list of adjustments in section 18B(2) of the DDA is not exhaustive. The retiring of an employee on medical grounds and re-engaging him in a new role is potentially an example of a reasonable adjustment (In this case the employee was a policeman who could have been re-employed as a civilian administrative worker). Adjustments proposed at the "eleventh hour" were not unjust to the Respondent in that the proposed adjustments were not objected to at the hearing, that further evidence the Respondent ostensibly wished to adduce was not forthcoming. The Respondent's failure to consult the Claimant was responsible for any possible evidential disadvantage to it.
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The transcript of this case follows:-
Chief Constable of South Yorkshire Police v. Jelic [2010] UKEAT | |||
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