An employment tribunal has recently awarded a disabled employee more than £233,000 in compensation after it was found she was unfairly dismissed and discriminated against by her employer. The employee left her employment after being told she was required to take on a ‘ward-based’ role, which she could not fulfil because of her substantial disabilities.
This case highlights the duty that employers have in this area. Whilst most businesses have heard of the duty to make reasonable adjustments, it can sometimes get overlooked. So, what are some of the key things you need to know?
- When do employers need to make reasonable adjustments?
- What sort of adjustments can be required?
- Can an employee bring a tribunal claim if reasonable adjustments aren’t made?
- What should I do if I may need to make reasonable adjustments in my business?
1. When do employers need to make reasonable adjustments?
In outline, employers are under an obligation to make reasonable adjustments if a disabled employee is suffering a disadvantage compared to a non-disabled employee because of:
• A physical feature of the premises
• A provision, criteria, or practice in the business
• The absence of an auxiliary aid (this is something which provides support or assistance to a disabled person)
Making ‘reasonable adjustments’ means that employers will need to take reasonable steps to remove the disadvantage experienced by a disabled employee – broadly speaking, you are levelling the playing field between the disabled employee and non-disabled employees. The duty to make reasonable adjustments applies in recruitment and during all stages of employment.
For those already in employment, an employer must make reasonable adjustments if they know, or could reasonably be expected to know, that the employee has a disability and is, or is likely to be, placed at a substantial disadvantage. Employers must do all they can reasonably be expected to do to find out whether this is the case – what is reasonable will depend on the circumstances. As you can imagine, this is sometimes a contested issue if an employment tribunal claim is made, so it’s important to make sure you act appropriately in the circumstances.
2. What sort of adjustments can be required?
What is a reasonable adjustment for an employer to make will depend on all the circumstances of each individual case. Depending on the situation, reasonable adjustments could include such things as:
• Agreeing on a change to start and finish times or work location
• Moving the office around so it is more accessible.
• Providing specialist equipment such as a hearing induction loop, or a specialist keyboard or chair.
• Varying the job role.
In some cases, employers may need to consider whether a suitable alternative post is available for an employee who becomes disabled or whose disability worsens, where no reasonable adjustment would enable the employee to continue doing the current job.
Where adjustments are required, a proper consideration of proposed adjustments will be important; this will often include consulting with the employee and seeking medical advice, for example, from occupational health.
Ultimately, the test of the ‘reasonableness’ of any step an employer may have to take is an objective one and will depend on the circumstances.
3. Can an employee bring a tribunal claim if reasonable adjustments aren’t made?
Yes, employees can bring a claim for a failure to make reasonable adjustments, so it is important for employers to be alert to this duty and to act appropriately. This is particularly so as there is no limit on the amount that can be awarded if a claim is successful.
4. What should I do if I may need to make reasonable adjustments in my business?
If you think you may need to make reasonable adjustments to help a disabled employee in your business, please get in touch to discuss your situation before acting.
Remember, we are here to help, so please get in touch if you have an HR matter your business would like help with.