Reasonable adjustments
[ch 5: page 40]A key provision is the employer’s duty to make reasonable adjustments (section 20, EA 10). These can involve changes to the way employment is structured, removing physical barriers, or providing people with extra support.
This is a positive statutory duty owed by the employer to a disabled person and is triggered when a disabled person presents themselves to the employer as a job applicant or worker. The duty is only owed to the disabled person, not, for example, to the carer of a disabled person.
Employers must take “reasonable steps” to alleviate any substantial disadvantage to the disabled person, when compared to someone who is not disabled, as a result of any “provision, criterion or practice” (PCP) at work. The idea of a PCP is very wide, covering all stages of the employment relationship, including recruitment and dismissal. The concept of “steps” is also very wide and can include any modification whatsoever to a PCP that could remove a disadvantage (Griffiths v Secretary of State for Work and Pensions [2015] EWCA Civ 1265). The only relevant question is whether the step is “reasonable”.
The CIPD HR professionals body says that what is “reasonable” will depend on the circumstances, the nature of the disability and the resources of the employer. It could include amendments to hours or location of work, provision of specialist equipment, or the duties of the job itself.