If a working practice or physical feature of an office places a disabled employee at a disadvantage when compared with a non-disabled employee, there is a statutory duty upon the employer to make reasonable adjustments.
The purpose of the duty of reasonable adjustments is to enable disabled employees to remain in or return to work and it is the employer’s duty to create an equal and accessible workplace. The duty ensures that employers make changes in the work place so that disabled employees are not at a disadvantage compared to others who are not disabled.
Examples of Reasonable Adjustments:
Reasonable adjustments are for people classed as disabled under the Equality Act 2010 (or the Disability Discrimination Act 1995 in Northern Ireland).
A person is considered disabled if they have a physical and/or mental impairment(s) has lasted or is expected to last more than 12 months and has an impact on the individuals’ ability to carry out their day to day activities.
Reasonable adjustments that an employer could be expected to make include:
- Building ramps
- Widening doors
- Rearranging office layout
- Extra aids or specific equipment
- Providing extra support
- Adjusting workload targets
- Reducing working hours
- Rearranging shift patterns
In order for your employer to make reasonable adjustments in the workplace, they must know about your disability and that without implementing reasonable adjustments, you are placed at a disadvantage in comparison to non-disabled employees. Your employer has a duty to take reasonable steps to make these adjustments. You should also never be asked to pay for any of adjustments made at work, as it is the duty of the employer to ensure these changes so that you are able to do your job.
If your employer is aware of your disability and fails to comply with its duties, it will amount to unlawful disability discrimination meaning you may be entitled to claim.
What Can You Do?
There are a few options that you have if your employer refuses to make any reasonable adjustments for you at your workplace.
Firstly, you should discuss with your employer regarding possible reasonable adjustments that can be made in your work place. Have an informal discussion with your employer about your situation and explain how adjustments at your workplace can remove any barriers to you doing work. This is usually the easiest way to bring about reasonable adjustments.
However, if your employer refuses to bring about reasonable adjustments after your discussion then you can lodge a grievance. Check if your employer has a formal grievance procedure that you can use, otherwise if they do not then you can still raise a grievance through writing a letter.
Lastly, you are entitled to make a claim for disability discrimination at an employment tribunal. If you are successful, then you might receive compensation or the tribunal may order an appropriate recommendation.
How We Can Help
It is important to have reasonable adjustments at your workplace no matter what your disability.
If your employer has refused to make any changes or adjustments, then it is important that you contact us today.
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