Duty to make reasonable adjustments
Duty to make reasonable adjustments

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Duty to make reasonable adjustments
  • Nature of the duty
  • Reasonable adjustments in the workplace
  • Physical features
  • Auxiliary aids
  • Knowledge of the disability
  • Applicants and potential applicants only
  • In all cases
  • Other case law under the DDA 1995
  • Circumstances in which the lack of knowledge defence does not apply
  • More...

Nature of the duty

The duty to make reasonable adjustments (referred to below simply as 'the duty') comprises three requirements.

The element that is common to all three requirements is that they will only apply where a disabled person is put at a substantial disadvantage in relation to a 'relevant matter' in comparison with persons who are not disabled.

The distinction between the three requirements is that each one contemplates a different cause of that substantial disadvantage:

  1. the first requirement applies where a 'provision, criterion or practice' applied by or on behalf of the person subject to the duty (eg the employer) causes such a disadvantage

  2. the second requirement applies where a 'physical feature' causes it

  3. the third applies where a disabled person would be put at such a disadvantage if an 'auxiliary aid' were not provided

A substantial disadvantage is one that is ‘more than minor or trivial’. Whether a claimant has been substantially disadvantaged in comparison to a person without his disabilities is a question of fact for the employment tribunal to determine.

Under the first or second requirement, the duty which arises is to take such steps as it is reasonable to have to take to avoid the disadvantage.

Under the third requirement, the duty which arises is more specific, namely to take such steps as it is reasonable to have to take to provide the auxiliary

Popular documents