Reasonable adjustments after employment
Employers often fear the costs of making adjustments to accommodate disabled people and therefore shy away from recruiting them. However, the costs are often low and can be supported by a grant. Access to Work is a scheme specifically designed to aid employers in employing disabled workers.
Reasonable adjustments could include:
- Changing a disabled person’s working pattern.
- Providing training or mentoring for a disabled worker.
- Altering your premises or equipment to aid a disabled worker.
- Providing important information in accessible formats.
- Allowing extra time for disabled applicants in tests or interviews
If an employee has become disabled since working for your business or there has been a change in an existing impairment or health condition that makes it harder for them to fulfil their role, the Jobcentre Plus offers advice on how you can retain disabled employees.
Reasonable adjustments also affect the management of performance issues. All employees have a right to fair treatment in the management of performance. Before starting action you must be able to demonstrate that you have made reasonable adjustments to allow the disabled employee to improve their performance. If you don’t, you could be taken to a tribunal.
Advice on specific conditions
There are a number of conditions that employers may not know need to be considered as ‘disabilities’ in this way. The following conditions are included within the guidelines and subject to the same requirements relating to anti-discrimination in recruitment and employment:
- Mental health – including depression, anxiety and bipolar disorder;
- Hearing impairment – including partial, complete, temporary, permanent and worsening conditions;
- Visual impairment – including partial, complete, temporary, permanent and worsening conditions;
- Physical impairments – including amputation, cerebral palsy, injury, muscular dystrophy, multiple sclerosis, epilepsy and respiratory disorders;
- Hidden impairments – including autistic spectrum conditions, dyslexia, learning disabilities
As of recent case law the Attorney General has stated that, in his view, obesity is not a category of disability in its own right and, accordingly, does not attract automatic disability protection. However, he did confirm that there may be circumstances where the impact of obesity is sufficient to lead to disability.
Further guidance
To read the DWP guidance on employing disable people and people with health conditions go to www.gov.uk/government/publications/employing-disabled-people-and-peoplewith-health-conditions/employingdisabled-people-and-people-with-healthconditions
For help with setting in place clear guidelines and policies relating to recruitment and employment contracts contact our Commercial Services team on 0117 9292811. For help with handling disputes on this subject contact James Taylor on 01454 204880.
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