What are an Employer’s Obligations Surrounding Reasonable Adjustments for a Disabled Employee?
Further information would be required in order to advise on the particular obligations that would be relevant in your context. However, in general terms, the Disability Discrimination Act 1995 imposes a duty on employers to make reasonable adjustments to help disabled employees (together with job applicants and former employees in certain circumstances).
The duty can arise where a disabled person is placed at a substantial disadvantage by:
- An employer's provision, criterion or practice.
- A physical feature of the employer's premises.
- An employer's failure to provide an auxiliary aid.
However, an employer will not be obliged to make reasonable adjustments unless it knows or ought reasonably to know that the individual in question is disabled and likely to be placed at a substantial disadvantage because of their disability.
We would recommend that you refer to the Equality Commission’s “Disability Code of Practice” (Employment and Occupation), which contains a non-exhaustive list of potential adjustments that employers might be required to make.
It is for an employment tribunal to objectively determine whether a particular adjustment would have been reasonable to make in the circumstances. It will take into account matters such as whether the adjustment would have ameliorated the disabled person's disadvantage, the cost of the adjustment in the light of the employer's financial resources, and the disruption that the adjustment would have had on the employer's activities.
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