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Reasonable adjustments when employment has ended?

Employment and Discrimination Law

Reasonable adjustments when employment has ended?

Postby Scienke » Mon May 15, 2017 1:24 pm

Does an employers duty to make reasonable adjustments for a disabled employee ever arise after the disabled employees employment has ended?

I'm sure I read somewhere that the duty still exists if the ex employee needs to call upon it for some reason but I can't find any information to back this up.

Does anyone know if this is correct?
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Re: Reasonable adjustments when employment has ended?

Postby atticus » Mon May 15, 2017 2:00 pm

Can you suggest a scenario in which you think this might arise?

I ask that question as I am finding it hard to see what kind of ongoing relationship there might be, post termination of employment, which might necessitate the making of reasonable adjustments.

The changed nature of the relationship may have a bearing on what would be reasonable.
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Re: Reasonable adjustments when employment has ended?

Postby Scienke » Mon May 15, 2017 3:48 pm

In all honesty I can't think of a scenario where it would apply. I've just seen statements saying that it can.

Here is a single sentence on the equality and human rights website stating (with no further information given) that
The duty may also apply after employment has ended.

https://www.equalityhumanrights.com/en/ ... duty-apply

Here is another single sentence (again with no further explanation) on a HR consultancy website also saying it
the duty to make adjustments can apply after employment has ended

http://www.peoplebusiness.co.uk/disabil ... employers/

Yet I can't find any further information on when how or why it would or should apply.
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Re: Reasonable adjustments when employment has ended?

Postby dls » Mon May 15, 2017 3:50 pm

The duty arises if at all in the context of some relationship. In general after the employment ends there is no continuing relationship. There may always be particular circumstances, but it is difficult to think of any.
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Re: Reasonable adjustments when employment has ended?

Postby diy » Mon May 15, 2017 3:51 pm

writing a reference?
My suggestions are not legal advice
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Re: Reasonable adjustments when employment has ended?

Postby atticus » Mon May 15, 2017 4:07 pm

Please explain the adjustment
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Re: Reasonable adjustments when employment has ended?

Postby Scienke » Mon May 15, 2017 4:10 pm

diy wrote:writing a reference?


I struggle to see how that could be a reasonable adjustment but perhaps it could be if the employer had some responsibility to help the employee find a new job. Unlikely though.

I do wonder about the subject of settlement agreements and how employers approach employees with learning difficulties, autism or mental health issues.

If the employee gets legal advice to make the agreement legally binding but does not ask the "right" questions of the legal advisor because they were confused and not fully aware of what was happening for instance? Perhaps the employer might bear some responsibility in the way they went about offering a settlement to someone they knew might not be able to understand it?

Perhaps in this instance there may be some scenarios where the employer may have to bend a little if the employee went and inadvertently breached the terms of the agreement.
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Re: Reasonable adjustments when employment has ended?

Postby Smouldering Stoat » Mon May 15, 2017 4:50 pm

How is the quality of the employee's advice the responsibility of the employer? If the employee is poorly advised that is a matter between the employee and his advisers (who are insured).
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Re: Reasonable adjustments when employment has ended?

Postby Scienke » Mon May 15, 2017 5:11 pm

The legal advisor can only answer the questions they are asked. If the employee doesn't ask the questions then the legal adviser can't really be at fault either.
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Re: Reasonable adjustments when employment has ended?

Postby atticus » Mon May 15, 2017 5:12 pm

A legal adviser is capable of asking questions for him or herself. If I do not believe that my client is understanding my advice, I call a halt. I try something else.
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