Under the Equality Act 2010, employers have a duty to make reasonable adjustments to avoid substantial disadvantages for disabled employees compared to non-disabled employees. This duty applies to various aspects, including provisions, criteria, practices (PCPs), physical features of premises, and the provision of auxiliary aids. The aim is to ensure that disabled individuals can participate fully in the workforce, and failure to comply can lead to claims of discrimination and unfair dismissal.
Cost considerations
Financial impact
The cost of making reasonable adjustments can vary significantly. For instance, in the case of Cordell v Foreign & Commonwealth Office, the cost of providing English lipspeaker support for a profoundly deaf employee in an overseas diplomatic post was deemed unreasonable due to the high annual cost of £250,000. The tribunal compared the cost with other expenses, such as the employee's £50,000 salary, the FCO's £562,934 disability budget, and the highest adjustment cost for any other employee (£49,000). Conversely, many adjustments are low-cost or even cost-free, such as flexible working hours or providing additional breaks.
Practicality and effectiveness
Employers must consider the practicality and effectiveness of the adjustments. For example, in Secretary of State for Work and Pensions (Job Centre Plus) v Wilson, the request to work from home by the agoraphobic employee was deemed impractical as the job required face-to-face interviews and handling confidential files. However, In Hargreaves v Department for Work and Pensions, Mr. Hargreaves, who had depression, was dismissed after his request for flexible working was denied due to past issues with lateness and time logging. The tribunal found that the DWP failed to consider his improved circumstances, such as new medication and therapy, and should have allowed a trial period for flexible working.
Benefits of making adjustments
Employee retention and productivity
Making reasonable adjustments can lead to higher employee retention and productivity. For instance, in the case of Rentokil Initial UK Ltd v Miller, the tribunal found that offering a trial period in a new role could have helped the employee stay with the company, thereby avoiding the costs associated with recruiting and training a new employee. The claimant, a pest control technician at Rentokil, couldn’t continue his job after being diagnosed with multiple sclerosis. He applied for a service administrator role but struggled with the written tests and was dismissed. Rentokil did not offer him retraining or a trial period for the new role to help him stay with the company.
Legal compliance and avoiding litigation
Compliance with the duty to make reasonable adjustments helps employers avoid costly litigation. In Tyerman v NHS Digital, Mr. Tyerman, an autistic job applicant, received £20,000 after NHS Digital failed to make reasonable adjustments during his interview for a cyber security role. NHS Digital argued for treating all applicants the same, but this put Mr. Tyerman at a disadvantage because of his disability. Similarly, in AECOM Limited v Mallon, the employer's failure to adjust the application process for a candidate with dyspraxia resulted in a successful discrimination claim.
Practical steps for employers
Initial assessment and dialogue
Employers should engage in a dialogue with the employee to understand their specific needs and difficulties. This can involve consulting occupational health professionals and considering medical advice.
Implementing and reviewing adjustments
Once adjustments are agreed upon, they should be implemented promptly and reviewed regularly to ensure they remain effective. Employers should also document these adjustments and any changes over time.
Training and policies
Training managers and HR personnel on the legal requirements and best practices for making reasonable adjustments is crucial. Having clear policies in place can guide the process and ensure consistency.
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