Disability discrimination - reasonable adjustments
Under s.39(5) of the Equality Act 2010, employers are under a duty to make reasonable adjustments. A failure to comply with a duty to make reasonable adjustments amounts to discrimination. Section 20 provides that where a disabled person is put at a substantial disadvantage by a provision, criterion or practice, or by a physical feature of the workplace compared with non-disabled people, employers are under a duty to take reasonable steps to prevent this. A duty to take reasonable steps to provide an auxiliary aid arises where, but for the provision of an auxiliary aid, a disabled person is put at a substantial disadvantage compared with non-disabled people. Under the Employment statutory code of practice, the following are examples of steps it might be reasonable for an employer to make.
Note: This list is not exhaustive.
1Section 18B(2) of the repealed Disability Discrimination Act 1995 (DDA), which applies to discriminatory acts committed wholly before 1 October 2010, gives this as an example of a reasonable adjustment that an employer may need to make to comply with its duty to make reasonable adjustments under s.4A(1) of the DDA.
|Making adjustments to premises1||Giving, or arranging for, training or mentoring for the disabled person or any other person1|
|Allocating some of the disabled person's duties to another person1||Acquiring or modifying equipment1|
|Transferring the disabled person to fill an existing vacancy1||Modifying instructions or reference manuals1|
|Altering the disabled person's working or training hours1||Modifying procedures for testing or assessment1|
|Assigning the disabled person to a different place of work or training1||Providing a reader or interpreter1|
|Allowing the disabled person to be absent during working or training hours for rehabilitation, assessment or treatment1||Providing supervision or other support1|
|Allowing the disabled person to take a period of disability leave||Participating in supported employment schemes, such as Workstep|
|Employing a support worker to assist the disabled person||Modifying disciplinary or grievance procedures|
|Adjusting redundancy selection criteria||Modifying performance-related pay arrangements|
Related quick reference items