What does the duty to make reasonable adjustments mean?

This constitutes the duty for an employer to apply practices, provisions or criteria to ensure employees with health conditions or disabilities are not disadvantaged in carrying out their jobs. 

In an Employment Tribunal, these factors are taken into account when deciding whether an adjustment would have been reasonable for an employer to make:

• Whether the adjustment would have been effective
• Whether the adjustment would have been practical
• How much the adjustment would cost, and how reasonable it would have been with reference to the employer’s finances
• Whether any assistance, such as a grant, was available to help with financial impact on the business
• The nature of the business’s activities and the scale of the undertaking
• Where the adjustment would be made in a private household – the extent that making the adjustment might disrupt the household or anyone residing there

For example, a trial period in which a disabled person worked from home is unlikely to count as a reasonable adjustment in itself in a disability discrimination claim. This would likely be treated more as a test of whether working from home would constitute a reasonable adjustment. If an employer refuses to allow a home-working trial period, they could face a disadvantage at a Tribunal if they assert that allowing the employee to work from home is not reasonable as they did not allow for a trial.

Helix Law’s employment lawyers can help both employers and employees understand what would be a reasonable adjustment in their workplace. Contact us today for advice in this area.