No Duty for Employer’s to Assist in Applying for Ill Health Retirement

The EAT has recently decided in the case of Tameside Hospital NHS Foundation Trust v Mr Mylott that an employer does not have a duty under Section 4A of the Disability Discrimination Act to take steps to facilitate a disabled employee applying for ill health retirement. Reasonable adjustments, under Section 4A involve steps to enable the employee remaining in employment and do not extend to steps to enable him to be compensated under an employer’s ill health retirement scheme.

As it is often the case that disabled employees unfit to continue working require their employer’s assistance in accessing and applying for such schemes this is unfortunate decision.