Archibald v Fife Council [2004] IRLR 651 HL

Employers are required to take steps to help disabled people which they are not required to take for others.

Case facts

The claimant was employed as a street sweeper. She suffered injury to her health making it difficult to do her work. She was dismissed, and claimed that being disabled, the employer had not made reasonable adjustments to find alternative work for her. The Council had considered her for other posts, but had held competitive interviews at which she did not succeed.


Conclusion for me

Employers are required to take steps to help disabled people which they are not required to take for others. The duty is not simply to make adjustments, but rather one to make adjustments for the purpose specified. The tribunal should have asked itself whether it would have been reasonable for the employer to adjust its competitive interview policy to give effect to its duty to the claimant.


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Updated: 3rd May, 2021
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