The Employment Appeal Tribunal (EAT) has decided in the case of Wade v Sheffield Hallam University that an employer does not necessarily breach its duty to make reasonable adjustments by requiring a disabled employee to undergo a competitive interview process.
Employment solicitor Paul Burton, says “Following a reorganisation at the University, the Claimant’s role was deleted and she applied for a new post in 2006. She was unsuccessful on two essential criteria. In 2008 the same job vacancy arose, and again the Claimant was rejected.”
The key question facing the EAT was whether or not the duty to make reasonable adjustments was breached by the employer’s requirement that the Claimant go through a competitive interview process, rather than automatically appointing her to the new role.
In rejecting the claim, the employment tribunal considered an earlier case in which the House of Lords indicated that dis-applying a competitive interview process can be a reasonable adjustment. The EAT confirmed that on the current facts there was no breach of the duty to make reasonable adjustments because the Claimant could not meet the essential criteria necessary for the role.
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