Reasonable Adjustments & Disability Rights – mlplaw

Reasonable adjustments

If you have a disability, your employer is required to take positive steps to support you. This may include removing, or enabling you to avoid physical features of your workplace or certain workplace rules which place you at a substantial disadvantage compared with people who are not disabled. These are often referred to as ‘reasonable adjustments’.

We know that asserting your right to reasonable adjustments is not always straightforward, and that simply getting the basic support you need can feel like a battle. That’s why we fight you corner and don’t rest until you get the support you need.

Request a consultation with our expert Employment Law solicitors to understand
your rights to reasonable adjustments and how to assert them.

Request a consultation

We can help you assert your right to require your employer to make reasonable adjustments
for you if you face a substantial disadvantage in your work due to a disability.

Employment Law experts at mlplaw

Our services include:

  • Assessing whether your meet the legal definition of disability under the Equality Act 2010;
  • Helping you understand your rights to reasonable adjustments and how you can assert them in the workplace;
  • Representing you in grievances and Employment Tribunal claims if your employer fails to comply with their duty to make reasonable adjustments; and
  • Advising you on and supporting you in respect of related disability discrimination concerns.

Our Approach

All of our highly experienced Employment Law solicitors are Legal 500 recommended leaders in their field, who provide jargon-free, commercial legal advice. We speak to you in plain English and provide specialist, practical and pro-active solutions for you.

We take the time to understand you and the challenges you face, enabling us to provide bespoke advice which is tailored to you.

Testimonial

“Gareth was extremely knowledgeable, friendly and practical in the advice he gave me. The issue was resolved very quickly and to my full satisfaction. I am happy to recommend the firm for any employment concerns.”

-NH

FAQs

  1. Do I have a disability under the Equality Act 2010?

    For the purposes of disability discrimination and the duty to make reasonable adjustments, whether an individual has a disability is a legal question, rather than a medical question.

    Under s6(1) of the Equality Act 2010, disability is defined as any physical or mental impairment which has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities. This means that any medical condition could, in theory, amount to a disability if its impact is long-term and sufficiently substantial.

  2. When does my employer have to make reasonable adjustments?

    Your employer is required to make reasonable adjustments for you if you are disabled and suffer a substantial disadvantage as a result due to:

    • any ‘provision, criterion or practice’ which your employer applies; or
    • a ‘physical feature’ of your workplace; or
    • the absence of an ‘auxiliary aid’.

    The purpose of the reasonable adjustment is to remove or avoid the substantial disadvantage you suffer and your employer must bear the cost of the adjustment.

  3. What kinds of reasonable adjustments is my employer required to make?

    Your employer’s duty is ‘to take such steps as it is reasonable to have to take’ to avoid the substantial disadvantage you suffer (or to provide the auxiliary aid) and factors which might be taken into account when deciding if a step is a reasonable one to take include:

    • whether the step would be effective in preventing the substantial disadvantage;
    • the practicability of the step
    • the financial and other costs of making the adjustment and the extent of any disruption caused;
    • the type and size of your employer and the extent of their financial (and other) resources; and
    • the availability to the employer of financial or other assistance to help make the adjustment.
  4. What can I do if my employer refuses to make reasonable adjustments for me?

    The starting point will often be to seek redress under your employer’s internal grievance procedure. If this does not resolve your concerns, you may have grounds to pursue a claim in the Employment Tribunal for your employer’s failure to make reasonable adjustments.

  5. Do I have other protections as a disabled worker?

    If you are disabled, you also have the right not to be subjected to unlawful discrimination because of, or harassment in relation to, your disability. Discrimination can take many forms, including direct, indirect, harassment, victimisation and discrimination arising from disability.

Speak to us to see
how we can help

0161 926 9969

Why choose the mlplaw team?

  • Unparalleled Expertise and Experience

We are vastly experienced, Legal-500 recommended Employment Tribunal experts who live and breathe Employment Law. From executive exits and tackling issues like unfair dismissal and discrimination to diving into the complexity of holiday pay – there is no Employment Law challenge we haven’t met head on. We provide empathetic and robust legal support to employees, helping them to achieve their successful outcomes.

  • Your case, your service

You are unique, as are the challenges you face. That’s why our approach is always tailored to you. We don’t like one-size-fits-all strategies. We’re all about crafting tailored strategies that fit your specific needs. Communication is key. We’re fluent in plain language and have no time for legal jargon. We believe in complete transparency and  proactivity, providing you with a clear path and fixed fees so you’re never caught off guard.

  • We keep your options open

The road to success isn’t a one-way street, and we’re here to keep your options open. We’re masters of alternative dispute resolution methods, such as mediation and negotiation, which are the keys to sidestepping the time, money, and stress of legal claims.

 


    Request a consultation

    Simply complete the form and a member of our team will be in touch





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    Do I need a visa to work in the UK?
    24th May 2018

    Prior to starting a job in the UK, an employer must check...

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    The World Cup: Goals For Employers
    5th Jun 2018

    Just when we thought the football season was over, from Thursday 14...

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    Worker or Self-employed? EAT find Addison Lee cyclists to be workers and not self-employed
    11th Jun 2018

    The latest high profile case brought by individuals challenging the so called...

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    EEA-workers in the UK labour market: Interim Update
    27th Mar 2018

    In July 2017 the Migration Advisory Committee (“MAC”) was commissioned by the...

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    How do I bring a claim against my employer?
    14th Mar 2018

    Bringing a claim against your employer can be daunting, so we have...

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    GDPR: Is consent enough to allow employers to process employee’s data?
    16th Mar 2018

    As part of our series of short blogs about the General Data...

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    GDPR: Do employers need to update their data protection policies to make them GDPR compliant?
    20th Mar 2018

    As part of our series of short blogs about the General Data...

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    1 min read

    Spitting feathers – what does the Jamie Carragher incident tell us about how employers deal with misconduct outside of work?
    20th Mar 2018

    The details of the incident involving ex-Liverpool FC player Jamie Carragher do...

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    Summer is here: 5 Employment issues all employers face over summer
    26th Jun 2018

    Summer has landed and temperatures are set to soar. But as employers...

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    How does the development of AI (Artificial Intelligence) affect legal services?
    16th Aug 2018

    There is an AI buzz in the air at the moment –...

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    Schoolgirl awarded £16,000 in Pizza Hut sexual harassment case
    24th Aug 2018

    A London schoolgirl has been awarded compensation by an employment tribunal in...

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    Baffled by right to work checks?
    28th Aug 2018

    During the first quarter of 2018, the Home Office handed out £7.7...

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    Beware the ‘offer of help’ from recruiters!
    11th Sep 2018

    Recruiters can be loved or loathed but if they are not approached...

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    Jose Mourinho v Anthony Martial and the right to paternity leave
    8th Aug 2018

    It has been reported in the media this week that Manchester United...

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    Retrospective sleep-in payments worth £400m put to bed
    3rd Aug 2018

    An Employment Appeal Tribunal (EAT) decision that a care worker working for...

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    My employees are resigning, what can I do?!
    16th Jul 2018

    It’s been another interesting week for the Prime Minister, with ministers and...

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    Top 7 tips for international students wanting to work in the UK
    25th Jul 2018

    Many international students at UK universities will be keen to continue their...

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    Employers’ guide to EU Settlement Scheme
    26th Jul 2018

    The Government is still trying to reach agreement with the EU on...

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    Proactive vs Reactive: use your time wisely
    30th Jul 2018

    The Telegraph has reported that one of the major ways businesses waste...

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    Everything you wanted to know about…Unfair Dismissal…but were too afraid to ask.
    7th May 2020

    This week we start our new series, examining key employment law concepts. ...

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    3 mins read

    Chancellor confirms that the Coronavirus Job Retention Scheme is to continue until October 2020.
    12th May 2020

    The Chancellor of the Exchequer, Rishi Sunak, has today confirmed that the...

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    Everything you wanted to know about…Annual Leave…but were too afraid to ask!
    15th May 2020

    The legislation and rules surrounding annual leave can often be difficult to...

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    Coronavirus Job Retention Scheme – Portal Open
    20th Apr 2020

    The Coronavirus Job Retention Scheme portal, allowing employers to reclaim up to...

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    Update – Further guidance on the Coronavirus Job Retention Scheme
    17th Apr 2020

    The Chancellor, Rishi Sunak, has recently announced that the Coronavirus Job Retention...

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    Workers to be allowed to carry over 4 weeks of annual leave for 2 years
    30th Mar 2020

    The government has announced it is allowing workers to carry over up...

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    1 min read

    Further guidance on the Coronavirus Job Retention Scheme
    6th Apr 2020

    Very early on Saturday morning (4 April 2020), further Government advice on...

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    2 mins read

    Furloughing employees and your return to work.
    22nd May 2020

    An interactive Q&A session on the do’s and don’ts of the Coronavirus...

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    1 min read

    Everything you wanted to know about…Disciplinary Procedures…but were too afraid to ask!
    27th May 2020

    Disciplining employees is an inevitable part of running a business and needs...

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    4 mins read

    Everything you wanted to know about…Grievances…but were too afraid to ask!
    6th Aug 2020

    From time to time, every employer will receive a grievance from one...

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    Everything you wanted to know about…Redundancy…but were too afraid to ask!
    16th Jul 2020

    No business likes making redundancies. However, when it becomes necessary to do...

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    Changes to the Coronavirus Job Retention Scheme – how will the scheme work between June and October 2020?
    1st Jun 2020

    Throughout May we heard a lot of talk about changes to the...

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    How to calculate your claim for flexibly furloughed employees.
    15th Jun 2020

    The Government has published a “flexible furlough” working example, which sets out...

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    Everything you wanted to know about…Discrimination…but were too afraid to ask!
    18th Jun 2020

    The majority of employers strive to promote equality and diversity in their...

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    Chancellor’s Summer Statement – a Summary
    9th Jul 2020

    Chancellor of the Exchequer Rishi Sunak has presented his summer statement, announcing...

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    Coronavirus Job Retention Scheme Q & A
    24th Mar 2020

    We are frequently being asked questions about the new Coronavirus Job Retention...

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    4 mins read

    What is an NDA and why are they in the news?
    12th Jul 2019

    You may have seen many headlines recently discussing NDAs. The abbreviation stands...

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    1 min read

    BBC taken to tribunal over unequal pay
    7th Nov 2019

    Samira Ahmed, presenter for the BBC, has claimed that the BBC are...

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    Footballer appealing decision to dismiss him over a car crash which left him injured – while his two colleagues were fined.
    11th Nov 2019

    Richard Keogh, a 33-year-old footballer, has had his contract terminated by Derby...

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    Cricket Australia has introduced maternity leave for the first time – how do your maternity rights compare?
    18th Nov 2019

    Prior to the new maternity policy, which has been three years in...

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    Pochettino shown the red card by Spurs: the law on unfair dismissal
    22nd Nov 2019

    On Wednesday evening Mauricio Pochettino was sacked as Tottenham’s manager after five...

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    Political pledges and proposed policies on Employment Law
    3rd Dec 2019

    In one of our previous articles on 21 November, we detailed some...

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    The clown in the room – The right to be accompanied to meetings in the UK
    17th Sep 2019

    But even if an employee thought it was a good idea to...

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    Encouraging employee-commitment through long service benefits
    12th Aug 2019

    Employee benefits are non-cash provisions that are of financial value and cost...

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    Judge rules against employee who lost job over transgender tweets
    20th Dec 2019

    Is a belief that there are two biological sexes in humans, and...

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    Coronavirus: Workers will receive statutory sick pay from first day off work
    4th Mar 2020

    Boris Johnson has today announced that workers in the UK will be...

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    Advice for Employers during the Coronavirus Outbreak
    18th Mar 2020

    Coronavirus: New SSP Regs re self-isolation   The Statutory Sick Pay (General)...

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    Government to pay up to 80% of wages in Coronavirus outbreak:
    20th Mar 2020

    Chancellor Rishi Sunak has this evening announced unprecedented economic measures to help...

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    Former investment banker wins age discrimination case against Citigroup Inc.
    20th Jan 2020

    Mr Niels Kirk, a former investment banker at Citibank, was unfairly dismissed...

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    Do I have to offer flexible working?
    5th Feb 2020

    As we continue to progress towards an ever more modern working world,...

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    4 mins read