REASONABLE ADJUSTMENTS IN THE WORKPLACE

11 September 2018

• Employment law liverpool
• mental health in the workplace
• Solicitors Merseyside
• Disability Discrimination
• Equality Act 2010
• disability discrimination act
• disability harassment
• disability victimisation
• failure to make reasonable adjustments
• reasonable adjustments in the workplace
• reasonable adjustments
• disadvantage in the workplace

Under the Equality Act 2010, organisations must provide reasonable adjustments in the workplace in order to accommodate anyone who has a long-term illness, impairment or disability.

A reasonable adjustment is where an employer removes or minimises anything, within reason, that disadvantages their employee.

‘Within reason’ is clearly important, as a small business would not likely have the resources to accommodate all employees who may be at a disadvantage, whereas larger organisations are more likely able to adjust.

Reasonable adjustments should usually be made by the employer under the following circumstances:

• When an employer is aware of their employee’s disability or disadvantage.
• When an employer suspects their employee has a disability or disadvantage.
• When an employee asks for adjustments to be made.
• When it is apparent that an employee is struggling with part of their job.
• When an employee’s absence or sickness record is directly affected by their disability.

Examples of reasonable adjustments include:

• Providing a ramp in the building to accommodate a wheelchair user. 
• An employee with a long-term illness is offered flexible hours and additional breaks to accommodate their illness.
• A larger screen is put in place for an employee who is visually impaired.
• Offering a special keyboard to an employee with arthritis.
• An employee with learning difficulties is offered extra training in addition to extra time when meeting performance targets.
• A staff member with a mental health condition is offered a counselling session once a week, as their work hours prevent them from attending their weekly therapy session outside of work.

Before implementing any reasonable adjustments, an employer should consult with their employee during a meeting, regarding how they can help or support them.

Employers are only required to make reasonable adjustments if they are aware or suspect their employee has a disability. It is therefore important for any staff members to speak up about their disability to make their employer aware. If an employee feels it is necessary to request reasonable adjustments, then they should submit their request in written form, if possible, followed by a meeting with the appropriate staff member to discuss the request.

Once an employer receives a request and consults with their employee, they should consider the following before making any reasonable adjustments:

• Are there significant changes need to be made?
• Are their physical changes that need to be made?
• Does special equipment need to be provided?
• Does the employer need assistance from another member of staff?

In some cases, some adjustments are classed as unreasonable, as it may not be possible for an organisation to accommodate the requested adjustments. Therefore, it is important that the employee assesses several factors, including:

• Are the adjustments practical?
• Will making the adjustment be effective in reducing disadvantage?
• Are the adjustments affordable?
• Will the adjustments affect the health and safety of other staff members?

Employers should also consider making reasonable adjustments for potential employees and this should be part of their recruitment procedures. Adjustments can be implemented in the recruitment process if an employee directly addresses their disability and the need for reasonable adjustments during the interview stage. If a candidate is successful in acquiring the role, it is vital that an employee asks them what reasonable adjustments need to be made to accommodate the new employee.

If an employer fails to make reasonable adjustments for an employee or applicant who is at a disadvantage, then they may be in danger of disability discrimination. The individual or group that has been discriminated against should discuss their concerns with their superior and try to form a solution. If the employee is not satisfied with the handling of their complaint then they may consider action in taking their employer to an employment tribunal.

Here at Three Graces Legal we can help anyone who has experienced disability discrimination in the workplace.

Please contact us on 0151 659 1070 to see how we may be of assistance.