Introduction: In the UK, the Equality Act 2010 is the main piece of legislation that outlines the rights of employees with disabilities and the obligations of employers to make reasonable adjustments. This law replaced earlier legislation like the Disability Discrimination Act 1995, bringing together several laws to ensure greater clarity and protection for disabled individuals.
The Equality Act 2010 applies to all employers in Great Britain, including public, private, and voluntary sector organisations. The law ensures that people with disabilities are treated fairly and have the same rights to work, promotions, and benefits as non-disabled employees. Importantly, it mandates that employers must take reasonable steps to accommodate employees with disabilities.
Employer’s Legal Obligations: Under the Equality Act 2010, employers have a duty to make reasonable adjustments for employees who are considered disabled. This duty is triggered when an employee (or job applicant) has a disability that impacts their ability to perform certain tasks or activities at work. Employers must take steps to remove or reduce the disadvantage caused by the disability, so the employee can perform their job effectively.
What Does the Law Say About Reasonable Adjustments? Section 20 of the Equality Act 2010 outlines that employers must make reasonable adjustments when:
The law states that adjustments should be ‘reasonable,’ meaning that they should be practical, feasible, and proportionate to the employee’s needs. The key factors in deciding whether an adjustment is reasonable include the cost, the size and resources of the organisation, and the effectiveness of the adjustment.
Consequences of Failing to Make Adjustments: If an employer fails to make reasonable adjustments, they risk facing legal action. This can lead to claims of disability discrimination, which can result in financial penalties and reputational damage. Employers may also be required to pay compensation for loss of earnings and any distress caused to the employee.
