Employers have a legal duty to make ‘reasonable adjustments’ for employees with a disability. Failing to do so may amount to a type of discrimination known as ‘failure to make reasonable adjustments.’ If you are searching for ‘examples of failure to make reasonable adjustments’ because you believe that you may have been prejudiced at work due to your disability, the specialist employment solicitors at Paul Doran Law are ideally placed to help.
At Paul Doran Law, we specialise in supporting employees in all types of employment law matters, including those relating to an employer’s failure to make reasonable adjustments. We are committed to ensuring that each and every one of our clients is treated fairly in their workplace, and we have a proven track record of securing excellent results on their behalf.
What is a ‘reasonable adjustment?’
A ‘reasonable adjustment’ is a change that your employer must make to remove or reduce a disadvantage you face at work because of your disability. It isn’t about giving you special treatment; it’s about creating a level playing field so that you can perform your job effectively.
As the term suggests, the key is that the adjustment must be ‘reasonable’. Employers are not expected to make every single adjustment that may benefit a disabled employee; instead, they must make those that are effective at removing or reducing the disadvantage faced by the employee, and are practical to implement and achievable within the employer’s resources.
What is ‘reasonable’ in any given situation varies depending on several factors unique to the employee and employer in question. Some factors that can influence whether an adjustment is ‘reasonable’ include:
- Effectiveness – will the adjustment help the employee perform their role or access facilities?
- Practicality – is the adjustment genuinely achievable in the context of the employer’s organisation?
- Cost – what is the extent of the financial burden on the employer? While adjustments that would likely place a disproportionate burden on an employer may be deemed unreasonable, employers are expected to absorb the reasonable costs as part of their legal obligations. The threshold is generally higher for large, wealthy businesses than for smaller ones with fewer resources.
- Nature of the job – some roles have inherent requirements that may limit the type of adjustments an employer can make.
Reasonable adjustments can take many forms. Your employer might need to modify the physical workplace, such as widening doorways, installing ramps, or moving furniture for wheelchair users. They might adjust your working hours, allow you to work from home, or provide specialist equipment. They could reallocate certain duties to other team members, give you time off for medical treatment, or provide information in accessible formats, like large print or audio.
When must an employer make ‘reasonable adjustments’?
An employer’s duty to make reasonable adjustments arises when they know, or could reasonably be expected to know, that an employee has a disability that places them at a ‘substantial disadvantage’ at work. The disability may be physical or mental; if it has a substantial and long-term adverse effect on the employee’s ability to carry out their normal day-to-day activities, the employer may have an obligation to make reasonable adjustments.
Crucially, a formal medical diagnosis is not a strict requirement. If the employer knows or should be aware that the employee has a disability that puts them at a substantial disadvantage, they need to make reasonable adjustments. For example, if an employer knows that an employee is struggling with tasks that may indicate dyslexia, such as reading and writing, they may need to look at the situation more closely with a view to making reasonable adjustments.
Real-world examples of failure to make reasonable adjustments
To understand what may constitute failure to make reasonable adjustments, it can help to look at real-world situations where employers have been found to have breached their legal duty, such as the following:
A case involving a quiet workspace.
In this case, an employee developed long-term health issues following a brain haemorrhage, among which were sensitivity to noise and light.
She informed her employer that the office environment was impacting her health, but they refused to move her to a quieter area or allow ear defenders, arguing that she needed to hear the telephone. As a result, the employee began working late to take advantage of the quiet space, and eventually resigned. The Tribunal found that the employer had breached its duty to make reasonable adjustments, awarding the employee compensation for injury to feelings and loss of earnings.
A case involving sight loss.
This case involved a teacher who developed a deteriorating eye condition resulting in significant sight loss. She requested that her employee make adjustments, including enlarged print on daily timetables and additional non-contact periods to prepare work in daylight rather than after dark, but was refused.
As a result of eye strain and stress, the teacher took time off work. When her absence exceeded 100 days, her sick pay was reduced to half pay in accordance with the local authority’s policy. The court found that the employer’s failure to make reasonable adjustments caused her absence, and that extending sick pay could be a reasonable adjustment where the employer’s failure to make other adjustments caused the absence requiring the sick leave.
A case involving working at height.
In this case, a field technician with multiple sclerosis was permanently restricted from working at height, which constituted 40% of his role. He carried out tasks more slowly due to his disability, placing him at risk of dismissal.
The Tribunal found that the employer’s practice of requiring field staff to work in their substantive roles placed this particular employee at a substantial disadvantage. It felt that a reasonable adjustment would have been to offer the employee a trial period in a service administrator role, and that the employer’s failure to do so meant that dismissal was almost inevitable. Accordingly, the eventual dismissal constituted discrimination arising from disability and unfair dismissal.
What are your rights if your employer fails to make reasonable adjustments?
An employer who breaches their duty to make reasonable adjustments is treated as having discriminated against the employee under the Equality Act 2010. This means that you may be able to bring a claim in an Employment Tribunal.
If you win your case, the Tribunal may award you various remedies. For example, you may receive financial compensation to cover any income you’ve already lost, as well as any you may lose in the future. You may also receive compensation for injury to feelings on account of the emotional distress and harm to your wellbeing caused by the discrimination.
How can we help?
You should not be disadvantaged at work because of a disability. You are entitled to a work environment that enables you to carry out your role as effectively as any other employee. That’s why the law insists that employers make reasonable adjustments to level the playing field and give everyone an equal chance of succeeding at work.
If your employer has breached their duty to make reasonable adjustments for you, you can make a Tribunal claim against them. Not only will doing so ensure that you receive the compensation you deserve, but it will also hold your employer to account for their failings, and avoid others being treated as you have.
Most Tribunal claims are settled before they reach trial, and the specialist employment solicitors at Paul Doran Law frequently secure excellent outcomes for our clients through negotiation and other alternative forms of dispute resolution, like mediation. We will guide you through the claims process, supporting you at every stage, and working tirelessly towards an outcome that recognises your employer’s failings and achieves your desired result.