Reasonable Adjustments Failure

failure to make reasonable adjustments.

doing things differently.

employer failed to make reasonable adjustments

Failure to make reasonable adjustments is the primary form of disability discrimination we see in the workplace. If you are Equality Act 2020 disabled your employer is obliged to make such adjustments as it is reasonable for them to make to eliminate any barriers which make it difficult for you to continue working. What is reasonable will be decided on a case by case basis but you are entitled to ask your employer for help if you are disabled.

Where an employer failed to make reasonable adjustments they may be liable for disability discrimination and you may be entitled to compensation.

It is altogether more difficult to force an employer to make reasonable adjustments they do not want to make (believe it or not seeking compensation is easier) but we try to achieve this with the threat of legal proceedings if they do not comply.

If you cannot go to work because your employer failed to make reasonable adjustments you may be entitled to your full pay while you remain at home if you can show the adjustment was reasonable.

We deal with failure to make reasonable adjustments all the time. If your request is reasonable and the adjustment is practicable your employer will be legally liable for failure to make reasonable adjustments for you.

Access to Work is a service which offers help with adjustments. In some circumstances they can provide funding too. If your employer is refusing to help you, point them in the direction of Access to Work, especially if cost is the reason they are refusing.

GOV – Access To Work

There’s lots of good online resources to help you with this including:

ACAS – Reasonable Adjustments

CAB – Reasonable Adjustments

EHRC – Workplace Adjustments

We have a wealth of experience in this area and have brought many claims for failure to make reasonable adjustments. This is our expertise. If you are considering taking legal action contact us for your free telephone assessment.

Download our guide to reasonable adjustments

useful resources

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faqs

what are reasonable adjustments?
Reasonable adjustments are an adjustment to the recruitment process or to how an individual works which removes or reduces a disadvantage related to their disability.
How long does an employer have to make reasonable adjustments?
As soon as your employer has knowledge of your disability, or ought to have knowledge of your disability, they should consider making adjustments. This may be via a discussion with you or after a referral to Occupational Health.
how to find the best employment lawyer
The right lawyer for you will likely be based on a few important factors, including experience, cost, and reputation. Some develop sub-specialisms or have specific experience in a specific industry. If you have a relatively simple matter, it might make sense to instruct a more junior solicitor who will help you find the outcome you are looking for in a cost-effective way. Conversely, if you have a complex matter based on an unusual legal point, a senior solicitor will be able to advise on how best to approach it.
A good personal connection and trust between lawyer and client can often be as important as any other factor in reaching the client’s goal. Being friendly and approachable is something we value at didlaw. If you need advice about a situation our team is available to discuss how we might help.
what reasonable adjustments can I ask for?
As long as the adjustment removes or reduces the disadvantage you face and it is ‘reasonable’, you can ask for it. For example asking for questions in advance for an interview, a change to your working pattern or place of work, or for specialised equipment to help you do your work.
What is reasonable will depend on a number of factors and is a question for your employer to consider. Consideration should be given to the following:
- whether the adjustment requested will remove the disadvantage
- if your employer can practically make the adjustments requested
- how much the adjustment will cost
- the health and safety of other employees
what if my employer is refusing reasonable adjustments?
Failure to make reasonable adjustments is a form of disability discrimination. If you are disabled under the Equality Act 2010 your employer is obliged to make such adjustments as is reasonable for them to make to eliminate any barriers which make it difficult for you to continue working. What is reasonable will be decided on a case by case basis but you are entitled to ask your employer for help if you are disabled.
If your request is reasonable and the adjustment is practicable your employer will be legally liable for failure to make reasonable adjustments for you. You should raise a grievance if they refuse.
If they continue to refuse to make adjustments you seek legal advice or consider making a claim to the Employment Tribunal.
do employers have to make reasonable adjustments?
Your employer is legally obligated to make adjustments if you are disabled under the Equality Act 2010 and the adjustments are reasonable to make. It is difficult to force an employer to make reasonable adjustments if they do not want to make them but you can seek compensation if adjustments should have been made.
does my disability entitle me to reasonable adjustments?
You must be ‘disabled’ as defined by the Equality Act 2010. Not every physical or mental impairment is considered a ‘disability’ under the Equality Act 2010. You may wish to discuss with your employer in the first instance and or ask to be referred to Occupational Health if you require adjustments.
what if reasonable adjustments cannot be made?
In some circumstances your employer may say that adjustments cannot be implemented. If this is because of the costs, Access to Work is a service which offers help with adjustments and they can provide other funding too. If your employer is refusing to help you, point them in the direction of Access to Work, especially if cost is the reason they are refusing.
We would recommended seeking legal advice at an early stage.

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The registered office is 3 Waterhouse Square, 138-142 Holborn, London, EC1N 2SW. Solicitor | Director Karen Jackson. Non-lawyer | Director Chris Jackson