Some employers are labouring under the misapprehension that a failure to comply with the duty to make reasonable adjustments does not amount to disability discrimination. This is simply not true. The now repealed Disability Discrimination Act 1995 confirmed, in unambiguous terms, that such a failure did amount to disability discrimination. Section 3A(2) of the Act specifically stated that:
"A person also discriminates against a disabled person if he fails to comply with a duty to make reasonable adjustments imposed on him in relation to the disabled person."
Section 4A of the repealed Disability Discrimination Act 1995 set out when a duty to make reasonable adjustments was triggered and what the duty required. It stated:
"(1) Where -
(a) a provision, criterion or practice applied by or on behalf of an employer, or
(b) any physical feature of premises occupied by the employer, places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the employer to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to prevent the provision, criterion or practice, or feature, having that effect."
With effect from 1 October 2010, the Equality Act 2010 repealed and replaced the Disability Discrimination Act 1995, although the latter remains relevant where the act complained of occurred wholly before 1 October 2010. Similar provision can be found in the Equality Act 2010.
Section 21 of the Equality Act 2010 provides that:
"(1) A failure to comply with the first, second or third requirement is a failure to comply with a duty to make reasonable adjustments.
(2) A discriminates against a disabled person if A fails to comply with that duty in relation to that person."
(The first, second or third requirement referred to in s.21(1) are the requirement to take steps to address substantial disadvantage arising from a provision, criterion or practice, a physical feature or the lack of an auxiliary aid, respectively.)
Examples of possible reasonable adjustments include (but are not limited to):
- making adjustments to premises,
- acquiring or modifying equipment,
- providing a reader or interpreter,
- modifying disciplinary or grievance procedures for a disabled worker,
- allocating some of the disabled worker's duties to another worker,
- altering the disabled worker's hours of work or training, and
- allowing the disabled worker to be absent during working or training hours for rehabilitation, assessment or treatment.
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