Reasonable Adjustments

Disability Discrimination and reasonable adjustments

The Equality Act imposes a duty on employers to make reasonable adjustments where an employee with a disability is disadvantaged by practices or physical features or by the absence of an auxiliary aid.

The Employment Appeal Tribunal has upheld an employment tribunal's decision that an employer breached its duty to make reasonable adjustments under the Equality Act 2010, when it chose not to pay for an employee with work-related stress and depression to have private psychiatric counselling and cognitive behavioural therapy.

Although a decision that an employer was obliged to fund a disabled employee's private medical treatment might seem surprising and indeed alarming to some, in this case, it was clear that the employee's health problems were, to a large extent, caused by her work. Nevertheless, businesses should note that paying for an employee's private medical treatment is something that might well assist the employee in returning to and coping at work, which is what reasonable adjustments are designed to do.

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, please contact our Dispute Resolution team.

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O'Neill Patient Solicitors LLP
Chester House, 2 Chester Road, Hazel Grove,  Stockport, Cheshire, SK7 5NT


0161 694 3000 / 0161 483 8555



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