Case report round-up: Making reasonable adjustments for disabled employees

XpertHR's latest case reports cover:

Redundancy: Customer request did not justify failure to consult In Shanahan Engineering v Unite the Union EAT/0411/09, the EAT held that an employment tribunal was right to find that, in relation to collective redundancy consultation, although a customer's instruction amounted to "special circumstances", absolving the employer of the need to start consultation 30 days in advance of the first redundancy, it did not absolve it of all obligations to consult. However, the tribunal should have taken into account the special circumstances of the case in setting the level of the protective award. (Employment Review)
Whistleblowing: Whistleblower protected where disclosure made in previous employment In BP plc v Elstone and another EAT/0141/09, the EAT held that a worker was entitled to bring a complaint under the whistleblowing provisions of the Employment Rights Act 1996 in respect of a detriment that he allegedly suffered in his current employment because of a protected disclosure that he had made while in previous employment. (Employment Review)
Making reasonable adjustments for disabled employees In Jelic v Chief Constable of South Yorkshire Police EAT/0491/09, the EAT held that, in certain circumstances, it may be a reasonable adjustment to move a disabled employee to a job that is not vacant. (Personnel Today)

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