Under the Equality Act 2010 it is unlawful for employers to discriminate against disabled and impaired
workers. This is particularly relevant when assisting people into, or back into, the workplace. Julia
Following the EqUnder the Equality Act 2010 it is unlawful for employers to discriminate against disabled and impaired
workers. This is particularly relevant when assisting people into, or back into, the workplace. Julia
Following the Equality Act 2010,
employers have a duty to make
reasonable changes for disabled
and impaired applicants and employees,
otherwise known as 'reasonable
adjustments'. The disability related
sections of the 2010 Equality Act cover
all aspects of the working environment
from application forms and interview
arrangements, to aptitude and
proficiency tests, terms of employment
including pay, as well as promotion and
training, access to recreational and
refreshment facilities, dismissal or
redundancy, discipline and grievances.
The same can also be said for non-disabled
workers who are suffering from some sort
of physical or mental impairment, such as
arthritis, diabetes, RSI, depression or
anxiety, which are not officially classified
as disabilities but can impact on an
employee's day to day working life.
If an employee can provide evidence
that they have a physical or mental
impairment they may be able to qualify as
disabled under the Act and benefit from
its protection. Reasonable adjustments can
apply to the physical environment of a
workplace, for example an adapted piece
of equipment to help fulfil the role, or
alternatively reasonable adjustments could
apply to workplace practice, for example
flexible working hours to cope with
medical appointments.
Reasonable adjustments are compulsory
to avoid disabled or impaired people being
put at a disadvantage. Essentially they are
intended to level the playing field. But just
how reasonable do reasonable adjustments
have to be? The key issue is in the very
name. What exactly does 'reasonable'
mean? What may be reasonable for a large
multi-million pound firm may not be
reasonable for a small local company. A
good first step is to look at what the
disabled or impaired person considers to
be reasonable. They should also be
consulted about any suggestions relating to
proposed adjustments.
There are, of course, official measures
in place to determine the 'reasonableness'
of any adjustment. Under section 22(1) of
the Equality Act 2010 regulations may
prescribe specific matters to be taken into
account in deciding whether adjustments
are 'reasonable' or not. In general terms,
the following will be relevant factors for
the question of reasonableness:
Whether the adjustment would actually
prove beneficial in the long run
Whether the adjustment is practical
The impact of the adjustment on the
business as a whole
The financial and other costs of making
the adjustment
The size of the business
However, despite the obvious
complications, the vast majority of
reasonable adjustments are simple,
inexpensive and make good business
sense. There are numerous departments
that can help implement the process of
reasonable adjustments, with everyone
from HR, occupational health, and health
and safety having a potential role to play.
Finding a reasonable adjustment is
often a joint process and there is no 'one
size fits all' solution. Occupational health
advisors will frequently work with health
and safety, HR professionals and the
employee in question, all of whom are
essential 'cogs in the wheel' when it comes
to addressing the subject of reasonable
adjustments in the workplace.
Julia Collier is HR consultant at Consult
Capital
