FINDING A ‘REASONABLE’ ADJUSTMENT

(Source: Equality and Human Rights Commission)

Finding a ‘reasonable adjustment’ can be a creative process as there is no ‘one solution fits all’ method to use. You may be the best expert when it comes to your particular condition (unless you have recently acquired it) so, combined with your employer’s knowledge of the role and perhaps some expert advice, a very simple yet creative solution can often be found.

When talking to your employer, it may help if you have thought about possible solutions as well as problems.

You need to identify what is causing the difficulty for you:

• Is it your physical surroundings, your chair, the lighting?
• Is it your ability to do a part of your job because of your impairment?
• Is it having to move equipment?
• Is it taking part in training/meetings, perhaps because of communication issues?
• Do you have too much to do and if so, is it causing you stress and anxiety?

Sometimes solutions are easy, and sometimes they are more complex. Occasionally, there may be no solution, but this is rare and in such circumstances, redeployment (taking up a different role) may be an option.

WHAT IS THE DUTY TO MAKE REASONABLE ADJUSTMENTS?

(Source: Equality and Human Rights Commission)

The duty to make reasonable adjustments is a legal responsibility under the DDA. It applies to people such as employers, service providers and education providers and is intended to make sure that disabled people do not face substantial difficulties in employment, education or when using services. Failure to make reasonable adjustments can be a form of discrimination and is unlawful.

The DDA defines a reasonable adjustment as a reasonable step taken to prevent a disabled person suffering a substantial disadvantage compared with people who are not disabled. In the case of employers, for example, the duty applies to any disadvantage caused by a provision, criterion or practice applied by, or on behalf of, the employer, or any physical feature of premises occupied by the employer.

A ‘substantial disadvantage’ is one that is not ‘minor’ or ‘trivial’.

The term ‘provision, criterion and practice’ covers an employer’s policies on offering work, terms and conditions, managing and dismissing staff, and the way in which these are carried out.

WHAT IS AN ADJUSTMENT?

(Source: Equality and Human Rights Commission)

An adjustment, in the context of the DDA, is a change. This can be a physical change or a change in the way something is done.

We all like to do things in different ways, and these likes and dislikes will be based upon a whole range of factors. For example, if five people went out to buy a kettle for their kitchen, it’s likely they would return with five different kettles.

A person’s choice is determined by their needs and desires, and their particular circumstances. An older person with arthritis who lives on their own may buy a very different kettle from someone who lives in a large household with three young children.

In a sense, we all make ‘adjustments’ in response to our individual needs when we make a choice.

Choice determines what we do and how we do it. If we have an impairment, we may choose to do things in a different way to reduce the effect of that impairment.

WHAT DOES ‘REASONABLE’ MEAN?

(Source: Equality and Human Rights Commission)

The DDA does not define ‘reasonable’, or give a complete list of what reasonable adjustments may be. Ultimately it is up to the courts to decide. This is because an adjustment is related to a particular individual, their experience of their impairment and the situation they are in. However, it does set out four tests of reasonableness.

1. The effectiveness in preventing disadvantage

How much will a reasonable adjustment reduce the disadvantage? The more effective an adjustment is in reducing disadvantage, the more reasonable it is likely to be.

2. The practicality of the step

It is more likely that an employer will be expected to take a step that is easy than to take a step that is hard. If disadvantage can easily be removed by changing the way things are done, or the

3. The financial and other costs and the extent of any disruption caused.

When trying to decide whether an adjustment would be reasonable, the cost of the adjustment and any disruption it might cause should also be considered.

Cost is not just about the price of making physical adaptations, for example, but also in terms of:

• how experienced and skilled the employee concerned is;

the cost of replacing that employee;

• how long the employee has been with the company (it is more likely to be reasonable to make an expensive adjustment for a permanent member of staff than a temp); and
• whether the adjustment may be of benefit to other employees (disabled and non-disabled).

4. The extent of an organisation’s financial and other resources

An organisation with lots of money would be more likely to have to make a reasonable adjustment than one with fewer resources.

However, financial help from government schemes, such as Access to Work, is available to help in providing reasonable adjustments for employees. These funds must be taken into account when deciding how ‘financially reasonable’ an adjustment is.

The full financial resources of an organisation must be taken into consideration, not simply those of a particular site where an employee or service is based. For example, a large retail chain would have to think about its overall finances, not just those of one shop.

Other areas to consider when deciding what is reasonable

Although the DDA does not specifically mention any further factors, others may be relevant depending on the circumstances.

The effects on other employees: if a reasonable adjustment may affect other employees, their needs may need to be considered. For example, if you use software which speaks, it may be necessary for you to wear headphones to avoid disrupting other members of staff.

Adjustments made for other disabled people: if there are a number of disabled staff who find some aspect of the working environment difficult, then there is a greater need for an employer to make a significant change.

The extent to which you are willing to cooperate: if a service provider offers a fair reasonable adjustment to reduce

• the adverse effect on you, but you do not like the adjustment, the service provider need do no more (if the adjustment is not fair, then this does not apply).

Most adjustments for disabled people cost nothing. For those that do, help is often available at work through Access to Work and in education via your local education authority or further/higher education funding organisations.

It costs nothing to treat someone fairly and with dignity; it rarely inconveniences others; and changes made for disabled people often make things better for other employees, students or service users.

WHAT IS A ‘PHYSICAL FEATURE’?

(Source: Equality and Human Rights Commission)

Physical features are defined as any of the following:

• design or building features;
• features on the way into or out of a building;
• any fixtures, fittings, furnishings, furniture, equipment or materials in or on the premises; or
• any other element of the land that the premises occupy.

They can be permanent or temporary. Examples include steps, stairways, kerbs, exterior surfaces and paving, seating in outdoor areas, parking areas, stiles and paths in country parks, building entrances and exits (including emergency escape routes), internal and external doors, gates, toilet and washing facilities, lighting and ventilation, lifts and escalators, floor coverings, signs, furniture, and movable items. This is not an exhaustive list.

Employers, education providers and service providers must consider making a reasonable adjustment to their premises if any of these parts of it are causing a substantial disadvantage to a disabled person.

Planning permission, or permission from the landlord, may be needed before some changes can be made.

EXAMPLES OF ‘REASONABLE ADJUSTMENTS’

(Source: Equality and Human Rights Commission)

Allocating some of the disabled person’s duties to another person

If there is a part of your job that is difficult or impossible to do, then it may be that getting someone else to do this, or restructuring the team so that the task is covered by other means, would be reasonable.

Transferring the person to an existing vacancy

If, after considering reasonable adjustments, you are still not be able to carry out the main aspects of a particular role, an alternative could be to look at moving jobs within the organisation. This is more likely to be ‘reasonable’ within a large company with different types of roles. A recent legal case (Archibald) established that it may sometimes be reasonable to consider moving someone to a more senior position.

Altering the person’s hours of working or training

Changing or reducing your hours could mean that you are able to continue with your job. Reduced hours might mean less pay but this could be replaced by tax credits, for example.

Work or training at a different location

If you find the location for regular work or for training difficult, it may be possible to move to another department or premises. Sometimes working from home is a solution.

Allowing the person to be absent during working or training hours for rehabilitation, assessment or treatment.
If you need time off during work hours to attend appointments for your health condition or disability, it is ‘reasonable’ to expect this from your employer so long as it is not possible to rearrange appointments out of work hours.

Giving, or arranging for, training or mentoring (whether for the disabled person or any other person)
If you need to attend training events, your employer might need to adapt the sessions so you are able to fully access the training. This might mean having additional support or setting up a new way of acquiring the information, such as mentoring or online learning.

Getting or changing equipment

One way your employer might be able to support you is to provide or adapt equipment to suit your particular needs – for example, by providing wrists rests if you have difficulties typing for any length of time or a CCTV for an employee with sight issues. If you are deaf or hearing-impaired, you may be able to use a work telephone modified with an amplifier or you might need a text telephone. Many of these pieces of equipment can be paid for by the Access to Work scheme.

Changing instructions or reference manuals

If you can’t access written materials, for example equipment and reference manuals, policies and procedures on fire evacuation, reports etc, then your employer could translate these into accessible formats such as large print, audio-cassette or mind maps (if you are dyslexic).

Modifying procedures for testing or assessment

You may be concerned about how you will take part in an internal assessment or testing session – such as for a promotion. It is reasonable to expect your employer to make these events accessible to you. This might include providing a support worker, using practical instead of written tests, giving extra time or providing written instructions in different formats.

Your employer may also use psychometric tests to assess intelligence, aptitude, personality and motivation. Only suitably trained people should carry out and interpret such tests, and expert advice should be sought on how and if the test can be changed to take account of disability or health issues. However, this might include extra time for you to read if you have dyslexia or provision of interpreters if you are deaf.

Your employer should ask you about any problems you might have with the tests, and how these problems could be overcome. They could:

provide practice examples to all candidates if possible;

make sure the venue is accessible to all staff; and

provide any equipment/support you need.

Providing a reader or interpreter

You may need someone to provide communication support for you at work or at interview, possibly by reading written information onto tape or directly for providing sign language interpretation. There is a national shortage of interpreters and other communication support staff nationwide, so your employer needs to plan ahead.

Providing supervision or other support

Especially when you first start a new job, you may need extra support and supervision. If this is provided, it is important that the person supporting you is relieved of some other duties so that they are able to fulfil the extra role. This counts as a reasonable adjustment.

For some organisations, it will be easier to make some alterations rather than others because of the nature of their business.

Other examples of possible adjustments

• Conducting a proper assessment of what reasonable adjustments may be required.
• Allowing flexible working, such as part-time work, annualised hours, non-standard start and finish times.
• Allowing a disabled employee to take a period of disability leave.
• Modifying disciplinary or grievance procedures.
• Adjusting redundancy selection criteria.
• Modifying performance-related pay arrangements.

The following table gives some simple suggestions for specific creative adjustments that can be made for certain disabilities or health conditions. Please note, it is not exhaustive, and the adjustments may not work for everyone.

Impairment	Task/difficulty	Adjustment
Hearing	Taking part in meetings	Palantypist
Hearing	Phone call	Videophone or textphone
Sight or anxiety conditions	New employee arriving at work	Colleague meets them at bus stop
Dyslexia	Writing a report	Mind mapping software
Dyslexia	Taking part in a meeting	Minutes in advance. Minutes in user friendly text
Severe asthma	Outreach around London	Taxis to and from nearest public trransport to appointements
Epilepsy	Long meetings on very long days	Frequent breaks, lots of cold drinks and a fan available
Learning disability	Taking minutes	Dictaphone and extra time to type up
Lupus	Attending work full time all year	Flexible working, such as compressed hours
Hearing	Getting details of venue of next appointment	Nokia communicator
Work related upper limb disorder	Admin day	Timing software which locks every  20 minutes
Stammer	Team meetings	Training for all other staff
Severe back pain	Operating a check out	Full ergonomic assessment and regular breaks
Autism	Fitting into new team	Assign a buddy especially to explain office ‘culture’
Depression	Reception duties from 8am	Adjust shift times to best part of day – after 11am
Anxiety/panic attacks	Travel in rush hour	Adjust working day to 11-7

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