The second of this month's two disability cases, Burke v The College of Law & Anor, was a decision of the Court of Appeal concerning a mature student at the College of Law who had multiple sclerosis. He was seeking to qualify as a solicitor, and over the period of the legal practice course agreed a number of adjustments with the College to mitigate the effect of his disability. As the exams approached, he made requests for further special arrangements. These, including 60% extra time to complete exam papers with opportunities to take breaks, were agreed. However, part way through the exams, Mr Burke asked for yet more adjustments, including being allowed to take the remaining exams at home in Brighton and unsupervised. The College refused this, but did offer to arrange accommodation for him near the college during the exam period.
Two cases this month looked at the impact of the application of provisions, criteria or practices ("PCPs") in the workplace and employers’ duties to make reasonable adjustments.
The first, Roberts v North West Ambulance Service, related to an ambulance dispatcher who suffered social anxiety disorder. He worked shifts, and the employer operated a "hot-desking" system in the room where he worked. After sitting at a desk in the middle of the room, Mr Roberts decided that this may exacerbate his condition. He therefore moved to a desk at the edge of the room, and asked that he should always work there. Although the employer agreed in principle, the practical steps they took did not guarantee this would always happen, and the shift patterns made if difficult to ensure that he should have the same desk all the time.