‘Failure to make reasonable adjustments compensation’ refers to the amount of compensation an employee receives when they make a disability discrimination claim against their employer for a failure to make reasonable adjustments.
What counts as a failure to make reasonable adjustments?
Under the Equality Act 2010, employers have a legal duty to take reasonable steps to remove or reduce disadvantages experienced by a disabled person.
Whether an adjustment is ‘reasonable’ is fact-specific and can include things like changes to working hours, amended duties, home working, altered performance triggers, providing specialist equipment, or adjusting processes for sickness absence management. If the employer delays, refuses, or ignores sensible options that would have helped, that can be a failure to make reasonable adjustments.
What compensation will you receive for your employer’s failure to make reasonable adjustments?
Compensation for your employer’s failure to make reasonable adjustments is designed to reflect the harm and losses caused by the discrimination. There is no upper limit on what a tribunal can award, and the amount depends on the facts of your case.
The main element is usually an award for injury to feelings, which compensates you for the distress, upset and impact the failure has had on you. Tribunals use guideline brackets called the ‘Vento bands’, which provide suggested compensation ranges according to the severity of the case.
You can also claim any financial losses directly caused by your employer’s failure to make reasonable adjustments. These might include lost wages if you were forced to reduce your working hours or take unpaid leave, or if you lost your job. You may also be able to recover lost pension contributions, bonuses, or other benefits, and in some situations, you may be able to seek compensation for medical costs or therapy linked to the discrimination.
What evidence do you need to support your claim for failure to make reasonable adjustments?
Evidence in a reasonable adjustments claim is primarily about proving the following four elements:
- You are disabled under the Equality Act (or Disability Discrimination Act in Northern Ireland), and
- There was a workplace barrier, such as a rule, established practice, physical feature, or missing aid, which put you at a substantial disadvantage, and
- Your employer did not take reasonable steps to remove that barrier and the resultant disadvantage it put you at.
The stronger your evidence, the easier it is to show what should have happened and what difference it would have made.
Examples of the types of evidence that can support a claim for failure to make reasonable adjustments include:
- Medical evidence confirming your condition and its day-to-day impact on your working life. This evidence might include GP or specialist letters, fit notes, and medical reports, ideally linking your symptoms to the workplace difficulties you experienced.
- Occupational health reports and recommendations, especially where they set out clear, practical adjustments, for example, altered hours, amended targets, equipment or support.
- A clear paper trail of your requests for your employer to make reasonable adjustments and their responses to those requests. This evidence might comprise emails, meeting notes, and HR letters.
- Evidence showing the ‘disadvantage’ in real life. This might include absence records, performance plans, warnings, and examples of specific tasks you struggled with because of the barrier.
- Evidence that the adjustment was realistic. This might include costings, availability, examples of similar adjustments made for others, and notes of any trial periods or alternatives suggested.
- Witness evidence. This can be own recollection of events as well as evidence from colleagues who saw the impact of your employer’s failure to make reasonable adjustments, heard your requests, or can confirm how work was organised and what support was or was not provided.
If you do not have this evidence to hand, do not worry; our specialist employment law solicitors will identify the material that may be of help to your case and assist you in collating it.
How can we help?
If you believe your employer has failed to make reasonable adjustments, Paul Doran Law can guide you through your options and help you pursue the compensation you deserve. We are employment law specialists, with particular experience in equality and anti-discrimination matters. We only act for employees and claimants, so you can be confident that our experience is perfectly aligned with your needs.
We offer a free initial call with no obligation to proceed. During the call, you will have the opportunity to discuss your matter with one of our employment law specialists who will advise you on your legal position and the merits of any claim you decide to pursue and talk you through your options.
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