This is not a question we would expect - we are used to employers modifying their behaviours and making reasonable adjustments (once they know or ought reasonably to know of an employee's disability). But, the EAT case of Brown v General Vending Services Ltd has reiterated the Government guidance confirming the following;
- Employees are expected to reasonably modify their behaviours so that their physical or mental impairment no longer has a substantial adverse effect on their day-to-day activities - in essence, the modifications mean the employee is no longer disabled and so no longer comes under the protection of the Equality Act 2010; BUT
- The modifications to behaviours do not go as far as avoiding certain activities to reduce the substantial effect on day-to-day activities.
So reasonable modifications are required but not avoidance; it's about as clear as mud! But don't worry, more clarification, analysis and practical tips are on hand in our ebriefing on this case written by Anna Dabek, head of the employment and pensions team. Please do take a look.