The EAT confirmed that an employer may be liable for failure to make a reasonable adjustment even if it was not suggested by the employee at the time.

The claimant in Home Office (UK Visas & Immigration) v Kuranchie www.bailii.org had told the employer that lack of adjustments for her dyspraxia and dyslexia was causing her to work long hours to get her work done.

Adjustments were made, including working compressed hours as requested by her (four days a week, but longer hours each day). However they did not remove the disadvantage to her.

She succeeded in a tribunal claim that the employer should have reduced her workload, even though she did not suggest this as an adjustment at the time.

More: Reasonable adjustments: detailed rules>Onus is on the employer to be proactive.

(This would be subject to the employer’s lack of knowledge defence, if the employer could not reasonably be expected to know of the disability or substantial disadvantage.)