failure to make reasonable adjustments

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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.

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