
An employee has said that they are stressed and has asked for a reasonable adjustment to be made, for example, time off. Do we have to facilitate this?
The first step that an employer must take is to ascertain if the employee is suffering from a disability for the purposes of the Disability Discrimination Act 1995. It would be prudent to seek advice from occupational health on this issue. If occupational health confirm that the employee does suffer from a disability, the employer must then consider making a reasonable adjustment.
Employers should remember that adjustments do not need to be excessive - they only need to be "reasonable". When considering what adjustments are reasonable, an employer should take into account the following factors:
- Is the adjustment practical for the employer?
- Does the employer have the resources to pay for the adjustment?
- Will the adjustment be effective in overcoming or reducing the disadvantage in the workplace?
- Will the adjustment have an adverse impact on the health and safety of others?
- To what extent is the employee requesting the adjustment able to cooperate?
- Nature and size of employer's activities and the effect of the reasonable adjustment on other employees.
Employers should also consider that other factors may be contributing to the reasonable adjustment request, such as flexible working. In such instances, employers should exercise caution to ensure that these factors do not give rise to potential discrimination claims.
After considering the above factors, it is up to the employer to exercise its judgment. In doing so, it may be beneficial to consult the requesting employee in order to obtain further information regarding their needs, and if necessary consult occupational health. This is often a litigious matter and specific legal advice should be obtained.
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