Understanding the impact of failing to make reasonable adjustments in the workplace is crucial for both employers and employees. This comprehensive guide will delve into the intricacies of this topic, providing insights into the legal obligations of employers, the rights of employees, and the potential consequences of non-compliance. We will also explore the concept of ‘reasonable adjustments’, the timeframe within which an employer is expected to make these adjustments, and the potential compensation that may be awarded in cases of failure to make reasonable adjustments.
Understanding Reasonable Adjustments
Under the Equality Act 2010, employers are required to make ‘reasonable adjustments’ to ensure that disabled employees or job applicants are not disadvantaged compared to non-disabled people. These adjustments can include changes to physical features of the workplace, alterations to working hours, or provision of additional support or equipment.
The term ‘reasonable’ is subjective and depends on various factors such as the practicality of the adjustment, the cost, the employer’s resources, and the potential benefit to the employee. It’s important to note that what is considered reasonable for one employer might not be for another.
Failure to Make Reasonable Adjustments
Failure to make reasonable adjustments can lead to disability discrimination cases. The impact of such failure can be significant, both for the individual who may suffer disadvantage and distress, and for the employer who may face legal action and potential compensation payouts.
- Examples of failure to make reasonable adjustments: This could include refusing to modify working hours for an employee with a chronic illness, failing to provide necessary equipment for a disabled employee, or not making physical changes to the workplace to accommodate a wheelchair user.
- Disability discrimination compensation: If an employer is found to have failed to make reasonable adjustments, they may be required to pay compensation to the affected employee. This can include compensation for financial loss, injury to feelings, and in some cases, punitive damages.
- Disability discrimination cases payouts UK: In the UK, there is no cap on the amount of compensation that can be awarded in disability discrimination cases. The amount is determined by the Employment Tribunal and can vary significantly depending on the circumstances.
How Long Does an Employer Have to Make Reasonable Adjustments?
There is no specific timeframe set out in the Equality Act 2010 for making reasonable adjustments. However, adjustments should be made as soon as possible after the employer becomes aware of the employee’s disability and the disadvantage they are experiencing. Delay in making adjustments can be seen as a failure to make reasonable adjustments.
Early Conciliation and its Disadvantages
Early conciliation is a process that aims to resolve disputes between employers and employees before they reach the Employment Tribunal. However, there can be disadvantages of early conciliation. For example, it may delay the process of making necessary adjustments, and it may not result in a satisfactory outcome for the employee.
Understanding Disability Under the Equality Act 2010
In the UK, a person is considered disabled under the Equality Act 2010 if they have a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. This includes conditions such as cancer, HIV, and multiple sclerosis from the point of diagnosis.
Reasonable Adjustments Equality Act
The Equality Act 2010 places a duty on employers to make reasonable adjustments for disabled employees or job applicants. This is to ensure that they are not disadvantaged compared to non-disabled people. The Act also provides protection against direct and indirect discrimination, harassment, and victimisation.
What is a Reasonable Adjustment Plan?
A reasonable adjustment plan is a document that outlines the adjustments an employer will make to remove or minimise disadvantages faced by a disabled employee. The plan should be developed in consultation with the employee and reviewed regularly.
Registered Disabled Meaning UK
In the UK, there is no formal ‘registered disabled’ status. However, people with disabilities can register for certain benefits and services. Being ‘registered disabled’ does not automatically entitle a person to reasonable adjustments in the workplace. These are determined on an individual basis, taking into account the person’s disability and the specific disadvantages they face.
Conclusion
Understanding the impact of failing to make reasonable adjustments is crucial for promoting equality and preventing disability discrimination in the workplace. Employers have a legal obligation to make these adjustments, and failure to do so can result in significant compensation payouts. It’s important for both employers and employees to understand their rights and responsibilities under the Equality Act 2010.
