Fiona Martin answers your questions on employers’ legal duty to make “reasonable adjustments”.
Q: One of my employees is returning to work having been diagnosed with a severe back problem. What do I need to do?
FM: Employers have a duty to make ‘reasonable adjustments’ to cater for any employee considered ‘disabled’ under the Disability Discrimination Act. This is where a person has a physical or mental impairment which has a substantial and long-term (likely to be more than a year) impact on their ability to carry out normal day-to-day activities. What you need to do:
- Meet with the employee before their return to work
- Discuss adjustments that would ensure a successful return
- Consider special furniture, such as a back-supporting chair
- Look at changes to working arrangements including extra rest breaks, part-time work, a graduated return or a change of job or duties
- After the meeting carry out a health and safety risk assessment – you have a legal duty to ensure the health and safety of the individual as well as that of colleagues and customers
Q: Where can I get more advice and assistance about reasonable adjustments?
FM: Under the law, what is considered a ‘reasonable adjustment’ will vary depending on:
- Your organisation’s size ;
- Your organisation’s resources
For detailed and specific advice on reasonable adjustments see:
- The disability and employment section of the Equality and Human Rights Commission website
- Section18B(2) of the Disability Discrimination Act for a detailed list of steps that it may be reasonable for an employer to take to comply with the law
The Access to Work scheme may pay towards:
- Equipment
- Adapting premises
- The cost of getting to work if a disabled person can not use public transport
Q: What if the adjustments required are so extensive and expensive they will impact adversely on my business?
FM: The Disability Discrimination Act only requires employers to make ‘reasonable’ adjustments. However, it is important to give considerable thought to what could be done to help:
- Ask a GP or independent medical advisor with orthopaedic experience for a report on the prognosis for the person’s circumstances and a view on reasonable adjustments that could help in the workplace
- Consider alternative employment more suited to the employee’s health constraints
Dismissal should always be the very last resort. If you are considering dismissal on the grounds of ill health or capability:
- Consult with the employee before making the decision
- If you have an employee Permanent Health Insurance Scheme get specialist employment law advice before starting dismissal procedures (where the employee has a contractual right to PHI, dismissal may constitute a breach of contract)
This article was published in The Argus in July 2008
The information in this article is provided as general guidance only. The law in this area is regularly subject to change, challenge and update. You should always check the up-to-date position and if appropriate seek further specialist advice.
