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Reasonable Adjustments

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[Thanks to Sarah Russell, solicitor at Ventura, for preparing this case summary]

Does there need to be a good or real prospect of an adjustment alleviating the disadvantage suffered by a disabled employee for that adjustment to be a reasonable one? Not necessarily, held the EAT in Leeds Teaching Hospital NHS Trust v Foster.

Mr Foster was placed at a substantial disadvantage by the requirement for him to work within the security department, because his disability, stress, was caused by that department. It would have been a reasonable adjustment to put him on the redeployment register. It was not necessary to find that there would have been a good prospect of a redeployment opportunity becoming available and Mr Foster being well enough to work. There need only have been a prospect of that at the date of the decision. A real prospect of an adjustment removing a disadvantage is sufficient to make an adjustment reasonable, but an adjustment may be reasonable even if there is a lower chance.