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Requirement to Make Reasonable Adjustments

If someone does not cooperate in their duty of reasonable adjustment, the Equality Act says that this is unlawful discrimination. You can ask the person or organization to make the necessary changes. If you refuse, you can file a complaint of discrimination under the Equality Act. Many customizations can be simple and affordable. But a small business may not be able to afford the same level of customization as a large company. There are three different things that people or organizations need to do to make it easier for you to access or do it. If you have a question or need help with reasonable accommodation or discrimination based on disability, please contact us. The Equality Act 2010 requires employers and service providers to make «reasonable adjustments» that allow people with disabilities to enjoy the same opportunities and services as people without disabilities. But what is reasonable for one organization may be impossible for another. If an employer cannot afford to accommodate adequately, the employee with a disability can apply for funding under the government`s Access-to-Work Program. These adjustments often benefit not only the students involved, but the school as a whole.

It is advisable that your employer discuss the adjustments with you, otherwise the adjustments made may not be effective. The principal makes the final decision on adjustments to meet the student`s learning needs. The onus is on the employer to demonstrate that the adjustments made are appropriate when a small business may not be able to afford the same level of adjustments as a large business. However, if a worker with a disability or claimant claims that you did not go far enough to make the appropriate adjustments, you will still need to prove that your actions are justified. The nature of the customizations that could be made includes the removal, modification, or provision of a means to avoid physical functionality, if any. An employer cannot justify not making an appropriate adjustment, but what is considered «reasonable» depends on the circumstances of each case. This could include the cost of adjustments and the amount of resources available to the employer. In particular, you should always proactively support any worker with long-term physical or mental health issues and, where possible, make appropriate adjustments in the workplace. Fortunately, many customizations can be simple and affordable. The Equality Act aims to encourage employers to take into account the fact that a disabled person is usually disabled by the environment in which he or she is accommodated. They are required to create the conditions for all employees to perform their work. Failure to make reasonable adjustments is considered unlawful discrimination.

It is important to note that employers should always strive to communicate openly with employees who have long-term disabilities. This way, you can determine your own perspective on what they need to support and how best to achieve it by agreeing together on possible workplace adjustments. Often it is also a good idea to record it in writing. You can seek advice on appropriate adjustments from the Disability Employment Counsellor (DEA) at your local Jobcentre Plus office. Many factors will play a role in deciding what adjustments to make. With respect to the workplace, the employer of an employee or applicant with a disability has a duty to make appropriate accommodations. This includes ensuring that a person with a disability is not disadvantaged in exercising or applying for employment because of a physical characteristic of his or her work environment or because of a provision, criterion or practice. What makes sense depends, among other things, on the size and nature of your employer`s organization. It also helps workers and employers ensure that the appropriate fit is: our animation shows examples of the type of adjustments your employer could make. The organization should change these things if they are a hindrance to you, unless it is unreasonable to do so.

By law, an employer must make reasonable adjustments in the workplace if: It is an employer`s policy that designated parking spaces are only available to executives. An employee who is not a manager, but who has limited mobility and must park very close to the office will receive a designated parking space. This will likely be an appropriate adjustment to the employer`s parking policy. Your employer is required to take steps to remove, reduce or prevent barriers you face as an employee or applicant with a disability, if reasonable. Your university has a policy that only allows students to park in student parking spaces. You have a mobility restriction, which means you need to be able to park close to your classroom. This is not always possible because the allocated parking spaces are only on one side of the campus. If you can park in designated parking lots throughout campus, this is likely an appropriate adjustment to parking policies so you can attend your classes. If you have not already done so, it may be helpful to use standard forms to document the consultation and decision-making process regarding adjustments. If you hire a recruitment agency, make sure the agency is aware of its duty to make appropriate adjustments. If appropriate adjustments are made, you should clearly re-record them and review all adjustments periodically to ensure they remain effective in the future. If, on the other hand, no reasonable adjustment can be made, you must explain your reasons.

Additionally, given the potential risk of an unlawful discrimination lawsuit, it`s always best to seek the advice of a legal expert to minimize your exposure to a lawsuit. The obligation to make appropriate workplace accommodations arises only if the employee or applicant is likely to be significantly disadvantaged in relation to others in the exercise or application for employment. This means that the disabled person must be affected in a more than minor or trivial way. The cause of a disability or the diagnosis made is not necessarily important when it comes to appropriate adjustments to the impact of the employee`s or candidate`s ability to perform daily tasks.