The President of the Employment Appeal Tribunal has ruled that the duty to make reasonable adjustments does not apply in cases of associative disability e.g. where it is a dependent of the claimant who is disabled. The claim advanced by the claimant alleged associative discrimination on the ground of disability and a failure to make reasonable adjustments on the footing that the claimant’s daughter was disabled. Her daughter suffered from Down's Syndrome and wished to have training to make her less dependent on her mother but this could not be provided in Germany where the claimant worked for the respondent. The training could be facilitated by her mother being permitted to move her place of work.

The Tribunal rejected the argument that Article 5 of the EU Directive 2000/78 extended to persons who were not in relationship with the employer. Secondly, Article 5 was insufficiently clear and precise in its language. Accordingly, the Judge thought it did not form the basis of a freestanding right in respect of which the Tribunal could adjudicate.

The claimant appealed. The EAT dismissed the appeal. The words themselves in Article 5 did not have sufficient certainty to permit the direct effect in the present circumstances upon which the claimant would have to rely. Accordingly, the Judge was entitled to reach the view he did. It was held that thee employer could not be expected to make accommodations or face a valid claim. It was, in the President's opinion, "...a step too far on the law as it stands." http://bit.ly/Hnromt