If you are disabled, your employer has a duty to make reasonable adjustments for you. The aim of the duty is to enable disabled employees to remain in or return to work.
As well as current employees, this duty also apples to job applicants, former employees and “workers”.
You will be classed as disabled under the Equality Act 2010 if you have a physical or mental impairment that has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities.
See factsheet Am I Considered Disabled under the Equality Act?
Your employer is not obliged to make reasonable adjustments unless they know, or ought reasonably to know, that you are disabled and are likely to be placed at a substantial disadvantage because of your disability. Your employer should take reasonable steps and have systems in place to find out the relevant information.
The duty will arise where you are placed at a substantial disadvantage in comparison with persons who are not disabled by:
This is interpreted widely and can include, for example, formal or informal policies, rules, practices, arrangements or qualifications including one-off decisions and actions.
Your employer must take such steps as it is reasonable to take, to avoid the disadvantage.
Examples of possible adjustments:
It is for an Employment Tribunal to determine, objectively, whether a particular adjustment would have been reasonable to make in the circumstances. This is a fact sensitive question and will depend on various factors such as:
An adjustment is not reasonable if it will impose a disproportionate burden on your employer.
This is a form of discrimination and you may be entitled to make a claim at an Employment Tribunal. If successful the Tribunal may order compensation or make an appropriate recommendation.
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