Guide to Disability Discrimination and Reasonable Adjustments at Work
By law, employers have a duty to make reasonable adjustments where a disabled worker or candidate is put at a substantial disadvantage, due to (for example): -
Working practices and arrangements;
Physical features; or
Lack of equipment, services or support.
The duty to make reasonable adjustments only applies in relation to those who are considered disabled in accordance with the Equality Act 2010 (EQA) and when the employer knows or could have reasonably been expected to know.
Employers need to bear in mind that everyone has different needs and there is a not a ‘one size fits all’ approach. Reasonable adjustments are specific to each worker or candidate and just because a specific adjustment alleviates the disadvantage for a particular worker or candidate, does not necessarily mean it will be the same for another worker or candidate with the same disability. Below our Employment law solicitors have outlined the legal requirement for employers to make adjustments to create an inclusive environment.
What is considered a disability?
A worker or candidate is considered disabled under the EQA if they have a physical or mental impairment that has a “substantial and long-term negative effect on their ability to do normal daily activities”.
What is a ‘substantial disadvantage’?
The duty to make reasonable adjustments will only apply where a disabled worker or candidate is put at a substantial disadvantage in relation to a 'relevant matter' in comparison with people who are not disabled.
A ‘relevant matter’ varies, depending on the context or workplace but for example it could be when an employer is deciding which candidates to shortlist for a job or when deciding which employee should be promoted. A ‘substantial’ disadvantage is one that is ‘more than minor or trivial’.
Workers or candidates are protected from being discriminated against or being placed at a substantial disadvantage due to an employer failing to make reasonable adjustments.
What are reasonable adjustments?
The reasonable adjustment must eliminate the disadvantage and in doing so, create a level playing field for the disabled worker in question.
Reasonable adjustments can apply to all areas of work such as to an employer’s physical work environment, the provision of auxiliary aids or change in how a provision, criterion or practice is applied.
Examples of reasonable adjustments include, but are not limited to:
✅ Adjusting premises and/or acquiring or modifying equipment;
✅ Providing information in accessible formats;
✅ Allocating some of the disabled worker’s duties to another worker;
✅ Altering the disabled worker’s hours of work or training;
✅ Providing supervision or other support to the disabled worker; and
✅ Modifying a disciplinary or grievance procedure for a disabled worker.
Mental health and reasonable adjustments
Last year, the Advisory, Conciliation and Arbitration Service (ACAS) published guidance on reasonable adjustments for mental health at work. Mental health issues can amount to a disability under the EQA and must be treated just as sensitively and as seriously as physical disabilities. Though the guidance does not have legal force, it is a practical guide for employers.
Examples of reasonable adjustments for those suffering with mental health issues are:
✅ Allowing the worker to work from home;
✅ Relocating the workers workspace to a quieter area to reduce sensory demands;
✅ Offering paid time off for someone to attend appointments in work time;
✅ Offering an extended phased return to work;
✅ Providing a buddy or mentor to be a dedicated person who can support with work tasks.
Failure to make reasonable adjustments
If employers fail to make reasonable adjustments for a disabled worker or candidate, this is regarded as discrimination. The worker or candidate can lodge a claim at the employment tribunal against the employer for failure to make reasonable adjustments.
If a worker or candidate is successful, the cost that could be awarded to a claimant is uncapped and therefore could be incredibly costly to employer if they get it wrong, not to mention the reputational damage risks.
Discrimination laws can be complex, and it is important for employers to act fairly and reasonably in following equality law to ensure they are making the correct reasonable adjustments when they should. If you would like specific advice in relation to this topic, feel free to get in touch with our Employment Law experts at Dragon Argent.
Speak to one of our Employment Law Solicitor today ↓
Frequently Asked Questions
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A person is considered disabled under the EQA if they have a physical or mental impairment that has a 'substantial' (it takes much longer than it usually would to complete a daily task) and 'long-term' (12 months or more) negative effect on their ability to do normal daily activities.
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Yes, they can suggest reasonable adjustments to be put in place, but any requests must be reasonable. Workers can make a request in writing with a letter or email to the company, in a meeting with your manager or employer, or through a formal process if the company has one. Any reasonable adjustments that are agreed should be confirmed in writing.
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As an employer, as a first step, you should listen to the person requesting the reasonable adjustment as they are best placed to know what changes will be helpful to them. You should also consider getting medical advice from the doctor of the person making the request or from occupational health professionals.
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If a company does not make reasonable adjustments for a worker or candidate, it could amount to a disability discrimination claim called 'failure to make reasonable adjustments'. A worker or candidate can make a claim at the Employment Tribunal and if successful, the cost that could be awarded to the claimant is uncapped. Litigation in this area of law can be incredibly costly to an employer if they get it wrong, not to mention the reputational damage risks.
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