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Reasonable Adjustments
The Basic Rule
The Disability Discrimination Act places a duty on employers to take
reasonable steps to working arrangements or physical features to prevent
a disabled employee or job applicant from experiencing a substantial
disadvantage in relation to a non-disabled employee or job applicant.
Duty
An employer has a 'duty' to consider reasonable adjustments if he knows,
or can be reasonably expected to know, that a person has a disability.
Also, case law indicates that if an employer is aware of a disability,
but not the full extent of the disability) they are still under a duty
to make reasonable adjustments. (Wright v Governors of Bilton School
and Warwickshire County Council 2002)
Reasonable Steps
There are many things that an employer can do to prevent or overcome
disadvantage (and they needn't be expensive). For example - adapt premises,
split duties, change hours, give training, modify equipment, modify
assessment procedures, provide a reader or interpreter, etc. In many
cases financial assistance can be obtained through Jobcentre Plus's
"Access to Work" scheme.
Reasonableness' Factors
The big question is just what is reasonable? Unfortunately there is
no definitive answer although there is an increasing amount of case
law building up which is gradually helping to clarify matters.
Things to consider:
- The extent to which taking the step would prevent the effect in question
- Is it practicable?
- The financial cost and other costs
- Extent of disruption to business
- The employer's financial and other resources
- The availability of financial or other help
Justification
The current law states that if an employer can show the reason for less
favourable treatment of a disabled person is both material to the circumstances
of the case and substantial, that treatment will be justified. This defence
is also available for failure to make reasonable adjustments.
From October 2004 it has no no longer be possible for an employer to 'justify'
a failure to comply with the duty to make reasonable adjustments. This
means that the only defence now is to say that the adjustment was not a
'reasonable' one to make in the first place.
Something to bear in mind
It is becoming apparent that tribunals are expecting more from employers.
Employers should be able to demonstrate that they have made attempts to
settle disputes before they get to the tribunal stage. This includes 'considering'
adjustments (i.e. researching the issue, taking advice, getting quotes,
etc) even if there is no guarantee that the adjustments would work or are
'reasonable' for that particular employer.
Reasonable
Adjustments |
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