Employers Must Consider Duty to Make Reasonable Adjustments for Disabled Employees

British Midland Airways Ltd v Hamed (UKEAT/0292/10) emphasises the obligation on employers to consider reasonable adjustments when offering alternative employment to a disabled employee.  BMA had failed to investigate whether other roles were available as part of the reasonable adjustments process and the disability discrimination claim against it therefore succeeded.

Ms Hamed suffered an injury and could no longer carry out her duties as flight supervisor.  She was not offered an administrative role as it was against BMA's policy to offer such roles to flight staff.  Alternative roles were discussed but deemed unsuitable, so her contract was terminated on the ground of capability.  Ms Hamed brought a claim for disability discrimination on the basis that BMA had failed to make reasonable adjustments.  BMA had not considered that she was disabled, and had not been proactive in finding alternative employment.  The Employment Tribunal held that BMA had failed to comply with its duties under the Disability Discrimination Act 1995.  It dismissed BMA's appeal finding that alternative employment and any reasonable adjustments required were never seriously considered or indeed considered  at all.  The EAT Judge said that where an employee suffers a disability, the duty is on the employer, not the employee, to investigate whether other roles are available as part of the reasonable adjustments process.