Reasonable Adjustments Equality Act – Law for Employers

Failure to make reasonable adjustments in the workplace can hurt people with mental health or physical disabilities. Failing to accommodate people with these conditions can violate the Americans with Disabilities Act (ADA). It can also jeopardize people’s safety, job performance, and privacy.

In this blog, we will discuss the failure to make reasonable adjustments, mental health adjustments, equality act schools, and pregnancy adjustments. We will also touch upon the Reasonable Adjustments Equality Act – a law that took effect in 2018 – that covers these areas and helps employers understand their obligations under it.

Reasonable Adjustment Definition

• Reasonable adjustments are changes that employers need to make to ensure that disabled employees are not disadvantaged in the workplace under the Equality Act (2010).
• These adjustments can include a phased return of work, amended duties, alterations to hours of employment, physical adaptations, and the use of special equipment.
• Employers must make reasonable adjustments to make sure workers with disabilities are not disadvantaged. This includes making reasonable adjustments during recruitment and training to help people with disabilities get jobs that match their abilities and aspirations and to avoid disability discrimination.
• Reasonable adjustments should be specific to an individual and cover any area of the employment contract. However, they should also be discussed with employees beforehand and agreed upon.

Reasonable Adjustments Examples

• Employers must make reasonable adjustments to premises, duties and working hours to ensure disabled people receive the same opportunities and services as non-disabled people under the Equality Act 2010.
• This includes physical adaptions, such as installing a ramp or providing special equipment, such as an ergonomic chair.
• Examples of reasonable adjustments include allocating duties to another person, flexible working hours, providing extra training, acquiring or modifying equipment, and modifying instructions or reference manuals.
• Employers have a legal duty to make reasonable adjustments for disabled employees under the Equality Act 2010. They must do this without hesitation and without putting disabled people at a disadvantage compared to non-disabled people.
• When making reasonable adjustments, employers should be guided by the general principles of equality and discrimination law that require them to provide disabled people equal access and opportunities.

Reasonable Adjustments Equality Act

Under the Equality Act 2010, employers must make reasonable adjustments to provide disabled people equal access to services and opportunities as non-disabled people.

The duty to make reasonable adjustments extends to all aspects of employment, including recruitment, training, promotion, dismissal and termination.

Examples of reasonable adjustments may include the following:

• Allocating some of the disabled person’s duties to other people
• Altering working hours.
• Providing extra training.
• Acquiring or modifying equipment.
• Providing a reader or interpreter.

This duty also extends to disability-specific policies and practices, such as using accessible formats for information and communication, accessible facilities and equipment, and reasonable job content or structure adjustments.

In addition, employers must take positive steps to remove any barriers faced by disabled people that may disadvantage them in employment. This includes identifying any disadvantageous treatment of employees with disabilities and taking necessary steps to address it.

Reasonable Adjustments Mental Health

Mental health reasonable adjustments are important, as they can significantly impact people’s lives.

Suppose an employee experiences mental health problems that interfere with their job performance. In that case, the employer may need to provide adjustments such as changing working hours or days, providing flexible working arrangements, or arranging for medical leave.

An employer is not obliged to provide any particular adjustments but needs to consider what will be reasonable and necessary in the circumstances.

Reasonable Adjustments Equality Act Schools

Schools are legally obligated to make reasonable adjustments to ensure an equal experience for students with disabilities under the Equality Act of 2010. These adjustments may include providing tactile signage, longer appointment times, or easy-read materials. Physical changes to schools may include ramps, wide doors, or audio-visual fire alarms for deaf students.

Schools may also be required to alter their recruitment process to ensure candidates can be considered for a job. In addition, schools must provide training opportunities, recreation and refreshment facilities for employees who become disabled. These adjustments help ensure all students have an equal opportunity to succeed in our society.

By making reasonable adjustments and creating a safe environment for students with disabilities, schools are promoting equality and breaking down barriers for all students.

Reasonable Adjustments Equality Act Pregnancy

Under the Equality Act 2010, employers must make reasonable adjustments for pregnant employees to ensure they experience the same opportunities as non-pregnant employees. This can include altering working hours, allowing extra absence for rehabilitation or treatment, and providing additional training.

However, adjustments must be tailored to the individual needs of the pregnant employee. For example, it is not always reasonable to provide extra training or allow extra time off work or work from home arrangements during pregnancy due to potential complications. Instead, the adjustments should address the specific needs of the pregnant employee, such as modifying work responsibilities or providing flexible schedules.

The adjustments must be made as soon as possible so pregnant employees can continue performing their job duties without limitations. Pregnant employees should contact their employers as early as possible if they have concerns about their working conditions or require reasonable adjustments to ensure their health and welfare.

Failure to Make Reasonable Adjustments Equality Act

Organizations have a legal duty to adjust their services or policies to ensure equal access for people with disabilities. This is known as the duty to make reasonable adjustments.

These adjustments can be made by altering the organization’s building, policies, procedures or training. They may include longer appointments, providing easy-to-read materials or communications via a carer. This duty applies regardless of whether the organization is aware of a person’s disability upon referral or presentation for care.

The purpose of reasonable adjustments is to help people with disabilities access and participate equally in society. By ensuring that people with disabilities have equal access to services and environments, organizations can avoid discrimination and create inclusive environments for all.

The Equality Act bans unlawful discrimination if someone refuses to cooperate with their responsibility to make reasonable adjustments. You may request that the individual or company make the necessary modifications. You can make a discrimination claim under the Equality Act if they refuse.

Conclusion

In conclusion, it is important to note that reasonable adjustments are not limited to people with disabilities. Employers must be sensitive to disabled workers’ needs and adjust when necessary. This includes disabled workers, their families, and people who work closely with disabled people in the workplace.

It is also vital for employers to develop and use an accessible job application form, training materials, and other resources that support disabled people applying for jobs. With these measures, disabled people can better secure employment and access equal employment opportunities.

FAQ – Reasonable Adjustments Equality Act

What counts as a reasonable adjustment?

Under the Equality Act 2010, employers must make reasonable adjustments to ensure that disabled workers and job applicants do not experience any disadvantage. This means employers should ensure that people with a disability, impairment or mental or physical health condition can access and progress in employment.

Reasonable adjustments can include a phased return to work, amended duties, altered hours, and special equipment use. Employers should also take steps to prevent any provision, criterion or practice, or physical feature of premises, from putting disabled people at a disadvantage.

What is Section 20 and 21 Equality Act?

Section 20 of the Reasonable Adjustments Equality Act (RAEA) prohibits employers from making any adjustments to employees that would have a negative effect on their salary, terms, conditions, or pension.

This means that if your position has been reduced in responsibilities or pay, your employer can only reduce your hourly wage, length of service, retirement benefits, or other terms and conditions of employment by first assessing whether those adjustments would cause a significant disadvantage to you.

Section 21 of RAEA requires employers to make reasonable adjustments to the working hours, duties, and responsibilities of employees who are pregnant, breastfeeding, or taking maternity leave.

This means that your employer must consider your special circumstances when assigning work, reassigning employees within the same job category, and adjusting the number of hours you are required to work.

What are the 9 grounds of the employment Equality Act?

The nine grounds of the Employment Equality Act are age, disability, gender reassignment, marriage/civil partnership, pregnancy/maternity, race, religion/belief, sex and sexual orientation.

These are known as grounds of discrimination and are protected by the act. This means an employer cannot discriminate against an individual based on these characteristics.

An employer’s duty to make reasonable adjustments under the Equality Act 2010 includes many people with a mental illness who are protected from discrimination, harassment and victimization. This is because mental health issues can often be related to one of the nine grounds of discrimination.

When can an employer refuse reasonable adjustments?

For an employer to refuse reasonable adjustments, it must do so in a reasonable and nondiscriminatory manner. In addition, the employer must take reasonable steps to ensure the disabled employee is not disadvantaged and not discriminate against the disabled employee or applicant.

If an adjustment would cause the employer undue hardship, then the adjustment cannot be refused. Undue hardship requires “substantial” and “unreasonable” effort or expense. This means that the adjustment must be something that would require significant effort or incur significant expense on behalf of the employer.

An adjustment may be refused if the employee is not considered to have a disability or the disability does not substantially affect their ability to carry out day-to-day activities.

Why are reasonable adjustments important?

Employers are legally responsible for making reasonable adjustments to ensure disabled employees are not disadvantaged. This includes allocating duties to another person, altering working hours, and providing extra training and supervision.

Making reasonable adjustments can help disabled employees access the same opportunities as their non-disabled colleagues. In addition, employers may be open to legal action if they fail to make reasonable adjustments.

Employers must take all necessary steps to ensure they are aware of reasonable adjustments disabled employees may require. By doing so, they can avoid any potential legal issues.

What is a reasonable adjustment test?

A reasonable adjustment test is a standard procedure employer in the United Kingdom must follow under the Equality Act 2010. This act protects disabled employees from being substantially disadvantaged in the workplace. This means employers must reasonably adjust the work environment to help disabled employees meet their essential requirements.

Some common adjustments employers may make include physical adaptations, such as installing ramps or providing ergonomic chairs. These adjustments must be effective, practical, and significant to be considered reasonable. Additionally, adjustments must avoid causing undue disruption or costing too many resources.

The majority of adjustments are relatively inexpensive or free to implement. However, before making any decisions, employers must assess proposed adjustments based on their effectiveness, practicality, and significance.