This blog will briefly look at the obligation on employers in making reasonable workplace adjustments for any employees with a disability.

The definition of disability is found in Section 6 of the Equality Act 2010 and states that a person has a disability if:

1. they have physical or mental impairment; and
2. the impairment has a substantial and long term adverse affect on their ability to carry out normal day to day activities.

The duty to make reasonable adjustments applies in recruitment and during all stages of employment. Failure by an employer to comply with these requirements is a failure to comply with the duty to make reasonable adjustments which amount to discrimination.

It is important to bear in mind that the duty to make reasonable adjustments is triggered not only where an employee declares that they have a disability, but also where the employer knows or would reasonably be expected to know that a worker is a disabled person.

The duty to make reasonable workplace adjustments contains requirements that apply in situations where the disabled person would otherwise be placed at a substantial disadvantage compared to people who are not disabled. So, for example, this may require an employer to change the way things are done in the organisation or making changes to overcome barriers created by the physical features of the workplace. This may involve the employee getting extra equipment or getting someone to do something to assist the disabled person in carrying out their job.

Employers should note that it may be that several adjustments are required in order to remove or reduce a range of disadvantages and sometimes these will not be obvious to the employer. It is recommended that conversations with the disabled person take place to identify the kind of disadvantages or problems that they face and also the potential solutions in terms of adjustments.

In deciding whether an adjustment is reasonable, an employer should consider:

• Its practicality;
• How effective the change will be in avoiding the disadvantage;
• The cost;
• The availability of financial support; and
• The organisation?s resource and size.

Although this area can cause some anxiety for employers, it is important as being engaged with the workforce will ultimately allow employees to be honest and open with their employer.