Reasonable adjustments for disabled workers – what are your obligations?
There are several key factors for employers to consider when deciding whether or not an adjustment is reasonable and what an employer’s obligations are under the Equality Act 2010.
The main reasons for any adjustment should be to help the employee get back to work as soon as possible and / or support an employee in work. Any adjustment however made must first be judged to be effective, affordable and practicable.
Most of the time, making a few small changes to enable an employee to continue in their role is less expensive than recruiting and training a new member of staff.
Adjustments can range from simple modifications to the working environment or the implementation of flexible working practices to the provision of specialist equipment or redeployment.
Various factors influence whether a particular adjustment is considered reasonable and employers overall aim should be, as far as possible, to remove or reduce any disadvantage faced by a disabled worker.
The test of what is reasonable is ultimately an objective test and not simply a matter of what an individual may personally think is reasonable. When making this decision, the following should be considered:
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How effective the change will be in avoiding the disadvantage the disabled worker would otherwise experience.
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Its practicality - The easier an adjustment is, the more likely it is to be reasonable. However, just because something is difficult doesn’t mean it can’t also be reasonable. You need to balance this against other factors.
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The cost.
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Your organisation’s resources and size - not just for the branch or section where the disabled person is or would be working.
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The availability of financial support.
If any adjustment poses health and safety risks, then you can consider this when making a decision about whether that particular adjustment or solution is reasonable. Your decision however must be based on a proper assessment of the potential health and safety risks.
If, taking all of the relevant issues into account, an adjustment is reasonable then it is your duty to make it happen. Ultimately however, if there are any disputes, the final decision on what is reasonable may rest in the Employment Tribunal. Employers should ensure that all avenues are explored and a coordinated approach with all relevant parties is taken.
In most cases, the employer has to bear the cost of adjustments and this can pose problems for small businesses, however there is support available.
Access to Work
It is a free UK government scheme that can help employees if their health or disability (including dyslexia) affects the way you do your job. It can offer you and your employer advice and support with extra costs which may arise because of your needs.
https://www.gov.uk/access-to-work
Fit for Work Scotland
Advice and assessment service which aims to help employees, employers and GPs better manage sickness absence and support and sustain return to work.
Advice – can be accessed through the website below and there is also a helpline for employers and GPs.
Assessment – Should an employee be absent from work due to sickness absence for 4 weeks or more, they can be referred for an assessment with a health professional who will aim to take a whole-person approach to identify obstacles from returning to work and recommendations to facilitate a safe and sustained return to work.
www.FitforWorkScotland.scot / 0800 019 2211
For more information on how to implement reasonable adjustments, the following websites may be useful:
IOSH Good practice guide
Health & Safety Executive (HSE)
Equality & Human Rights Commission
Please contact Gravitate HR if you would like to discuss any adjustments or need any advice on what is considered reasonable.