What equality law means - Birmingham Disability Resource Centre

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3. The duty to make reasonable adjustments for disabled people Equality law recognises that bringing about equality for disabled people may mean changing the way in which employment is structured, the removal of physical barriers and/or providing extra support for a disabled worker. This is the duty to make reasonable adjustments. The duty to make reasonable adjustments aims to make sure that, as far as is reasonable, a disabled worker has the same access to everything that is involved in doing and keeping a job as a non-disabled person. When the duty arises, you are under a positive and proactive duty to take steps to remove or reduce or prevent the obstacles a disabled worker or job applicant faces. You only have to make adjustments where you are aware – or should reasonably be aware – that a worker has a disability. Many of the adjustments you can make will not be particularly expensive, and you are not required to do more than what is reasonable for you to do. What is reasonable for you to do depends, among other factors, on the size and nature of your organisation. If, however, you do nothing, and a disabled worker can show that there were barriers you should have identified and reasonable adjustments you could have made, they can bring a claim against you in the Employment Tribunal, and you may be ordered to pay them compensation as well as make the reasonable adjustments. In particular, the need to make adjustments for an individual worker: • must not be a reason not to promote a worker if they are the best person for the job with the adjustments in place • must not be a reason to dismiss a worker • must be considered in relation to every aspect of a worker’s job provided the adjustments are reasonable for you to make. Many factors will be involved in deciding what adjustments to make and they will depend on individual circumstances. Different people will need different changes, even if they appear to have similar impairments. 49
It is advisable for you to discuss the adjustments with the disabled worker, otherwise the adjustments may not be effective. The rest of this section looks at the detail of the duty and gives examples of the sorts of adjustments you could make. It looks at: • Which disabled people does the duty apply to? • Finding out if someone is a disabled person • The three requirements of the duty • Are disabled people at a substantial disadvantage? • Changes to policies and the way your organisation usually does things • Dealing with physical barriers • Providing extra equipment or aids • Making sure an adjustment is effective • Who pays for reasonable adjustments? • What is meant by ‘reasonable’ • Reasonable adjustments in practice • Specific situations ■ ■ Employment services Occupational pensions. 50
Page 1 and 2: 5. What equality law means for you
Page 3 and 4: Protected characteristics and disci
Page 5 and 6: Introduction This guide is one of a
Page 7 and 8: The legal status of this guidance T
Page 9 and 10: What els e is in this guide This gu
Page 11 and 12: • You must not do something which
Page 13 and 14: In addition, to make sure that a di
Page 15 and 16: Positive action ‘Positive action
Page 17 and 18: Sometimes the reasons for taking ac
Page 19 and 20: What's next in this guide The next
Page 21 and 22: Sleeping accommodation In certain c
Page 23 and 24: Reasonable adjustments and disabled
Page 25 and 26: Sex discrimination and dress codes
Page 27 and 28: • provide a way for workers to ap
Page 29 and 30: For example: The male worker who co
Page 31 and 32: It will benefit your organisation t
Page 33 and 34: The unwanted behaviour does not hav
Page 35 and 36: • If the person carrying out the
Page 37 and 38: Harassment by people who work for y
Page 39 and 40: ■ Describe any training/other res
Page 41 and 42: Possible ways to make sure your sta
Page 43 and 44: When you can be held legally respon
Page 45 and 46: When you or your workers or agents
Page 47 and 48: Good practice tip for how you and y
Page 49: What happens if you try to stop equ
Page 53 and 54: This does not, however, mean asking
Page 55 and 56: Are disabled people at a substantia
Page 57 and 58: For example: An employer has recrui
Page 59 and 60: When deciding whether an adjustment
Page 61 and 62: Reasonable adjustments in practice
Page 63 and 64: • Giving, or arranging for, train
Page 65 and 66: • Participating in supported empl
Page 67 and 68: If the worker does not agree to you
Page 69 and 70: 4. What to do if someone says they
Page 71 and 72: Make it clear what will happen if,
Page 73 and 74: A job applicant can send you the qu
Page 75 and 76: If a person brings a claim after th
Page 77 and 78: • making public the selection cri
Page 79 and 80: 5. Further sources of information a
Page 81 and 82: British Retail Consortium (BRC): Th
Page 83 and 84: Website: www.eef.org.uk Telephone:
Page 85 and 86: Website: www.hse.gov.uk Telephone:
Page 87 and 88: TUC - the Trades Union Congress (En
Page 89 and 90: association, by auxiliary aid auxil
Page 91 and 92: unfavourably because of something a
Page 93 and 94: equality clause equality policy equ
Page 95 and 96: legally recognised as 'civil partne
Page 97 and 98: occupational requirement office-hol
Page 99 and 100: the birth, and is linked to materni
Page 101 and 102:
questions procedure race rated as e
Page 103 and 104:
at a huge disadvantage before an em
Page 105 and 106:
contract worker. In employment law,
Page 107:
This guide is one of a series writt
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