Can I ask for reasonable adjustments in my post-termination appeal?

Yes. 

Reasonable adjustments extend throughout the employment relationship and beyond. They apply in pre-contract conditions such as interviews and they may apply once the employment relationship has ended or is ending. 

It is right and logical that reasonable adjustments are considered in the context of a post-termination appeal against dismissal because reasonable adjustments are aimed at ensuring the disabled worker can remain in or return to work. If an appeal against dismissal is made the employee’s aim is to be reinstated and return to work. 

The aim of adjustments is to remove or alleviate any disadvantage that is remediable so that the employee can fully and effectively participate in the workplace. The same goes for the ability to fully and effectively participate in any processes related to work. 

If reasonable adjustments were not considered and implemented any appeal process could be viewed as deficient/unfair/discriminatory.

But where does that responsibility end? 

It is not unheard of for difficult employees to use a request for adjustments to cause nuisance. This might be understandable on a human level given that they have just been dismissed. There may of course be a legitimate reason for asking for adjustments too. 

You are not obliged to give airtime to endless requests. What you are required to do is consider reasonable requests and decide on a case-by-case basis whether the request is reasonable and whether it must be made. 

If a reasonable adjustment is reasonable and practicable the employer must make it otherwise not to do so would be a breach of the duty and potentially give rise to a breach of reasonable adjustments claim. 

How to consider whether a reasonable adjustment is reasonable and therefore required?

The correct approach is to consider each request step-by-step but when you consider you have done enough to enable the appeal to proceed on a fair basis then that ought to be enough to discharge your responsibility. What is really important is to document the process noting the rationale for any decisions.

What are the steps?

By asking the following questions in turn – and consultation with the person making the request is vital in this regard and also goes to fairness – what needs to be considered? Start with these questions and you will not go far wrong:

• What is the adjustment?
• What is the thing it will alleviate/ameliorate which is a disadvantage?
• Will the adjustment work? 

If the employee cannot explain why the thing is a disadvantage with any semblance of common sense you can decline it as not being reasonable. Similarly, if you cannot logically see how the adjustment requested can alleviate the issue then you are not obliged to make it. 

If the adjustment is not going to resolve the disadvantage you don’t have to consider it and can decline it. 

When you get to the point where you have accommodated a number of requests already and been seen to make reasonable adjustments there is a point at which you can say we have made the adjustments requested and are unable to accommodate any more, on the basis that we have already done what is reasonable and need to get on with the process.

This blog was written by Elizabeth McGlone, Managing Partner of didlaw.