reasonable adjustments
📖 O que é reasonable adjustments? Significado e conceito
The duty to make reasonable adjustments is a key part of disability discrimination law in UK employment. It requires employers to take steps to avoid putting a disabled person at a substantial disadvantage compared to non-disabled people. This can involve various changes, such as altering working patterns, providing different equipment, or modifying the work environment. For example, a claim might arise if an employer fails to allow compressed or reduced hours working patterns requested by an employee with anxiety, depression, and menopause, which they consider a failure to reasonably adjust.
An employee can bring a claim to an Employment Tribunal if they believe their employer has failed in this duty. Such claims are often brought alongside other types of discrimination claims, though they can also be standalone. The Tribunal will assess whether the employer's actions constituted a failure to make reasonable adjustments for disability.
Employers often have a 'Workplace Reasonable Adjustment policy' to guide this process. Meetings may be held to discuss 'options to move forward with the current position of disability leave whilst pending reasonable adjustments,' indicating a formal process for considering and implementing these changes. The outcome of such discussions and policies can be challenged if an employee feels the adjustments made, or not made, were unreasonable.
📋 Requisitos
- The employee must have a disability.
- The employer's practice, criterion or physical feature must place the disabled employee at a substantial disadvantage.
- The employer must fail to take reasonable steps to avoid that disadvantage.
- The employee must have requested or needed adjustments, such as altered working patterns.
📝 Procedimento
- The employee raises concerns about a disadvantage related to their disability.
- The employer may invite the employee to a meeting to discuss 'options to move forward with the current position of disability leave whilst pending reasonable adjustments'.
- A formal meeting takes place, potentially with a representative, to discuss and agree on adjustments.
- The employer's 'Workplace Reasonable Adjustment policy' may be invoked.
- If no satisfactory adjustments are made, the employee may bring a claim for failure to make reasonable adjustments to an Employment Tribunal.
💡 Exemplos
- An employee with anxiety and depression requests compressed four-day working or reduced hours, arguing that the employer's refusal is a failure to reasonably adjust.
- An employer holds a meeting to discuss 'options to move forward with the current position of disability leave whilst pending reasonable adjustments' for an employee.
- An employee claims that their employer failed to make reasonable adjustments by not allowing them to return to their duties after a period of disability leave.
- A claim of failure to make reasonable adjustments is dismissed by an Employment Tribunal, indicating that the employer's actions were deemed sufficient or the duty did not apply.
📚 Base legal
- Equality Act 2010
❓ Perguntas frequentes
What does 'well founded' mean in relation to a reasonable adjustments claim?
If a claim for failure to make reasonable adjustments is 'well founded', it means the Employment Tribunal has agreed with the claimant that the employer did fail in their duty, and the claim succeeds.
What happens if a reasonable adjustments claim is 'not well-founded'?
If a claim is 'not well-founded', it means the Employment Tribunal has decided that the employer did not fail in their duty to make reasonable adjustments, and the claim is dismissed.
Can I claim for reasonable adjustments alongside other types of discrimination?
Yes, it is common for claims of failure to make reasonable adjustments to be brought alongside other claims, such as discrimination because of something arising from disability or victimisation, as seen in the case excerpts.
Does my employer have to agree to every adjustment I ask for?
The duty is to make 'reasonable' adjustments. This implies that not every requested adjustment will be deemed reasonable or necessary by an Employment Tribunal, and employers are expected to engage in a process to determine what is reasonable.
What is a 'remedy hearing'?
A remedy hearing is a separate hearing listed after a claim has been found to be 'well founded'. Its purpose is to determine what compensation or other remedies should be awarded to the claimant for the employer's failure to make reasonable adjustments.
Where can I find my employer's policy on reasonable adjustments?
Many employers have a 'Workplace Reasonable Adjustment policy'. You should check your employee handbook, internal company policies, or speak to your HR department to locate this document.