Can an expectation or assumption that employee would work late amount to discrimination?


The EAT has held that an expectation or assumption that a disabled employee would work late constituted a provision, criterion or practice (PCP) triggering the duty to make reasonable adjustments. While the claimant had pleaded that the PCP was the ‘requirement’ for him to work late, he was not using ‘requirement’ in any statutory sense; he was simply identifying the PCP. An expectation or assumption that he would work late was sufficient.


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