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Liability Risk and Insurance

More favourable treatment for disabled employee

The case involved a council’s duty under section 6 of the Disability Discrimination Act 1995. An employee had become disabled and at risk of losing her job owing to her inability to carry out the manual tasks involved, but was capable of doing other jobs within the organisation. In such circumstances, the House of Lords ruled, the employer was under a duty to take reasonable steps to prevent that disadvantage and such steps might, depending on the circumstances, extend to transferring her to a sedentary post at a higher grade without requiring her to compete with other applicants.

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