Has Matuszowicz reset the clock for employers dealing with DDA 1995 claims? Tom Poole reports
Once an employer knows, or reasonably should know, that one of its employees is a disabled person within the meaning of s 1(1) of the Disability Discrimination Act 1995 (DDA 1995), it is under a duty to make reasonable adjustments to ensure that the employee is not placed at a substantial disadvantage in comparison to those people who are not disabled.
The duty to make reasonable adjustments, the nature of which is central to disability discrimination legislation, is unique from the duties imposed by other anti-discrimination legislation, eg it is possible for an employer to fail to comply with the duty by way of either deliberate conduct or inadvertent omission. No problem arises in relation to the definition of acts of discrimination in this respect. However, a problem does arise when one considers the provisions defining the period within which proceedings must be brought, contained in DDA 1995, Sch 3, para 3. It is this problem that was recently addressed by the Court
