Fernandes v DWP – test in relation to time limits in failure to make reasonable adjustments claims clarified

Sophie Garner
Written by:

Oliver Edwards


Sophie Garner represented the Respondent in this case, in which the Claimant had appealed the ET’s decision to strike out their claim of failure to make a reasonable adjustment. The failure had involved an omission, and so the appeal dealt with s.123(4)(b) of the Equality Act 2010.  The claim was, the ET had said, out of time.

The appeal dealt specifically with what a Tribunal should consider when deciding what a ‘reasonable period’ was after a respondent’s decision not to put in place the adjustment.

The EAT allowed the appeal, noting how the ET should have taken account of what the claimant would have thought a reasonable period was, and has remitted the matter back to the Employment Tribunal to re-apply the correct test.

Written by Oliver Edwards