Disability Discrimination - Reasonable Adjustments

Disability discrimination: reasonable adjustments

The Equality and Human Rights Commission's Employment Statutory Code of Practice came into force in April 2011. The Code suggests that a business should consider making adjustments to its redundancy selection criteria to help it comply with its duty to make reasonable adjustments.
However, an Employment Appeal Tribunal decision has emphasised that an employer only has a duty to make reasonable adjustments that will actually assist an employee in overcoming a substantial disadvantage at work; it does not have a duty to make an adjustment that would in fact make no difference. In this case, an adjustment giving a disabled claimant a "chance" to avoid being selected for redundancy was not reasonable because it would have made no difference to the outcome.

Nevertheless, businesses should be advised that there will be occasions where it would be a reasonable adjustment. This checklist explains what reasonable adjustments are in the context of disability discrimination and identifies when a business may need to make them.

For further information, contact our Employment Law Team.

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