Adjustments to the Workplace
To obtain further information on this subject or any other
disability related topic please go to www.drc-gb.org
What is a duty to make reasonable
adjustments?
One of the ways in which discrimination occurs is when an
employer fails to comply with the duty to make reasonable
adjustments in relation to a disabled person.
The duty to make a reasonable adjustment arises where a
disabled person is actually put at a substantial (not minor
or trivial) disadvantage, when compared with people who are
not disabled, because of:
-a provision, criterion or practice applied by or on behalf
of the employer – for example, the arrangements made for
determining who should be offered employment (selection and
interview procedures and the premises used for such
procedures) and terms and conditions or arrangements on
which employment, promotion, transfer, training or any
other benefit is offered (job offers, contractual
arrangements and working conditions)
-any physical feature of premises occupied by the employer
– for example, features arising from the design or quality
of the building (whether temporary or permanent), such as
steps, doors, emergency escape routes, floor coverings and
all other fixtures, fittings, furnishings, equipment and
materials.
The employer has to take such steps as are reasonable, in
all the circumstances, to prevent or reduce that
disadvantage. The employer only has a duty to make an
adjustment if they know, or could reasonably be expected to
know, that the employee (or potential employee) has a
disability and is likely to be placed at a substantial
disadvantage. The employer must do all he or she reasonably
can to find out whether this is the case. There is no onus
on the disabled person to suggest what adjustments should
be made, although it is good practice for employers to ask.
For further information please contact us