Q&As

Council Tax Order: Effect of New Reduced Demand

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Published on: 07 May 2019

Where an employee performs poorly as a result of a disability, would it be unlawful to award them a poor rating in their assessment (with the knock on effect of them not being awarded a salary increase), and, if so, what approach should an employer take in relation to the employee’s performance review, particularly if reasonable adjustments have already been implemented temporarily to reduce the employee’s duties?

It is likely that consideration will need to be given, in these circumstances, to the employer’s Duty to make reasonable adjustments, and the possibility of a claim for Discrimination arising from a Disability.

In relation to the duty to make reasonable adjustments, where a provision, criterion or practice (PCP) applied by the employer places a person who has a disability (as defined by section 6 of the Equality Act 2010 (EqA 2010)) at a substantial disadvantage compared with persons who are not disabled, then the employer is under a duty to take such steps as it is reasonable to have to take to avoid the disadvantage. A failure to comply with the duty to make reasonable

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Jurisdiction(s):
United Kingdom
Key definition:
Disability definition
What does Disability mean?

The term used for a person who has a disability in accordance with section 6(1) of the Equality Act 2010.

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