Reasonable adjustments - MLP Law

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.

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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.

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.

 


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