Duty to make reasonable adjustments

By Tolley in association with Emma Bartlett at Charles Russell Speechlys LLP
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The following Employment Tax guidance note by Tolley in association with Emma Bartlett at Charles Russell Speechlys LLP provides comprehensive and up to date tax information covering:

  • Duty to make reasonable adjustments
  • Reasonable adjustments in the workplace
  • Physical features
  • Auxiliary aids
  • At what stage does the duty arise?
  • Comparators
  • What adjustments are required?
  • Cost of adjustments and their reasonableness
  • Employer knowledge of disability

Note: the legislative and case references in this guidance note are all subscription sensitive.

The duty to make reasonable adjustments (the duty) comprises three distinct requirements:

where a provision, criterion or practice (PCP) applied by or on behalf of the person subject to the duty (eg the employer) causes a disadvantage for a disabled personthe duty which arises is to take such steps as it is reasonable to have to take to avoid the disadvantage
where a physical feature causes a disadvantage for a disabled person
where a disabled person would be put at such a disadvantage if an auxiliary aid were not providedthe duty which arises is more specific, namely to take such steps as it is reasonable to have to take to provide the auxiliary aid

The element 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 each requirement is that each one contemplates a different cause of that substantial disadvantage.

A person who is subject to the duty must pay for the costs of complying with it. That person is not entitled to require the disabled person, in relation to whom the duty relates, to pay any part of those costs. The disabled employee

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