What Is Classed As Reasonable Adjustment Under The Equality Act?

What is a reasonable adjustment?

A ‘reasonable adjustment’ is a change to remove or reduce the effect of: an employee’s disability so they can do their job..

What if employer Cannot accommodate restrictions?

If your employer is unable to accommodate your work restrictions, you may be entitled to wage loss benefits during this time period. … You may also qualify for Workers Compensation wage loss benefits if you have returned to work in a light duty capacity and earning less than what you were making at the time of injury.

Is a phased return to work a reasonable adjustment?

GPs often recommend a ‘phased return to work’, where hours are built up gradually over a period of time. For a disabled worker, this may be a reasonable adjustment, as long as it is the effect of their disability that is preventing them from fully returning to work.

Who pays for reasonable adjustments?

If something is a reasonable adjustment, your employer must pay for it. The cost of an adjustment can be taken into account in deciding if it is reasonable or not. However, there is a government scheme called Access to Work which can help you if your health or disability affect your work.

Who is responsible for reasonable adjustments?

Employers are not required to change the basic nature of the job, but where there is a reasonable adjustment cost, it is responsible for paying. For example if a worker needs a specialist chair the employer must pay not the worker.

Who is exempt from the Equality Act?

Certain employment is exempted from the Act, including: Priests, monks, nuns, rabbis and ministers of religion. Actors and models in the film, television and fashion industries (a British Chinese actress for a specific role, for instance).

Is it possible for an employer to justify not making a reasonable adjustment?

Your claim for a failure to make reasonable adjustments may well be one of a number of claims you bring against your employer, perhaps including direct or indirect discrimination. If the failure to make reasonable adjustments led to you leaving your job, there may be an unfair dismissal claim too.

Does my employer have to accommodate a disability?

A reasonable accommodation is assistance or changes to a position or workplace that will enable an employee to do his or her job despite having a disability. Under the ADA, employers are required to provide reasonable accommodations to qualified employees with disabilities, unless doing so would pose an undue hardship.

Does a phased return to work affect pay?

Pay during a phased return to work If the employee returns to their normal duties but on reduced hours, they should get their normal rate of pay for those hours they work. For the time they’re not able to work, they should get sick pay if they’re entitled to it.

What duty does an employer have to employees under the Equality Act?

The Act also puts a duty on employers to make reasonable adjustments for a disabled employee or job applicant to help them overcome any inherent disadvantages resulting from their impairment or disability.

What do services have to consider when asked to make reasonable adjustments for a person with a disability?

The Equality Act says there’s a duty to make reasonable adjustments if you’re placed at a substantial disadvantage because of your disability compared with non-disabled people or people who don’t share your disability. Substantial means more than minor or trivial.

How do you ask for reasonable adjustments?

Explain how you’re disadvantaged You need to be able to explain to your employer why you need the adjustments you’re asking for. You should tell them why it’s difficult for you to do your job compared to someone without your disability.

How long should a phased return to work be?

between two to six weeksA phased return to work usually lasts anywhere between two to six weeks, but can go on longer if necessary. The number of hours and days you work in a week varies – in short, a phased return to work plan revolves entirely around you and your needs.

Can an employer refuse phased return to work?

Does the employer have to agree to a phased return to work? The answer to this depends on the reason the employee is making the request. If an employee has a disability, then employers must make reasonable adjustments to help the employee return to work and to help them to do their job.