Eastern and Coastal Kent Pct v Grey: EAT 23 Jan 2009

The duty to make adjustments does not apply if the employer does not know, and could not be reasonably expected to know, that the employee has a disability and is likely to be placed at a substantial disadvantage.

Case facts

Mrs Grey, a junior sister/clinical nurse educator, had dyslexia and was therefore disabled for the purposes of the DDA. She applied in May 2007 for one of five community nursing posts with Eastern and Coastal Kent PCT. She had to use a computer during her interview and the interview panel was not aware that she had a disability when deciding not to hire her after the interview.


Conclusion for me

There is an exemption from the duty to make adjustments if the employer:

  1. Does not know that the disabled person has a disability;
  2. Does not know that the disabled person is likely to be at a substantial disadvantage compared with persons who are not disabled;
  3. Could not reasonably be expected to know that the disabled person had a disability; and
  4. Could not reasonably be expected to know that the disabled person is likely to be placed at a substantial disadvantage in comparison with persons who are not disabled.

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Updated: 3rd May, 2021
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