Managers’ Guide to Reasonable Adjustments
Introduction
This document is intended to support managers in implementing reasonable adjustments for disabled staff in accordance with the Equality Act 2010.
Definition of a Disability - Equality Act 2010
A person will be classed as disabled in law if he or she has a physical or mental impairment and the impairment has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.
It is important to note that the requirement to make reasonable adjustments applies throughout every aspect of the employment relationship with a disabled individual and places the employer under a positive duty to take the initiative and consider what adjustments would be possible and practicable to support a particular disabled employee or job applicant.
As a good practice employer, consideration should also be given to making reasonable adjustments, where possible, for those who may have a health issue that does not come under the Equality Act´s definition of a disability.
The Department of Human Resources is available to support and advise managers at any stage of considering/implementing reasonable adjustments.
Process for implementing Reasonable Adjustments
Once a manager becomes aware that an employee has/or may have a disability, for example, at interview, through one to one meetings, SRDS, or when reviewing job descriptions etc. they will need to explore any needs/implications with the individual. This is because it is the manager´s responsibility to ensure reasonable adjustments are implemented in relation to:
- how work is undertaken on a day to day basis (including the use of auxiliary aids)
- the physical features of the premises, if the individual is likely to be at a substantial disadvantage in comparison with an individual who is not disabled.
To do this managers, in liaison with Human Resources, should meet with the individual to seek their views on how their impairment affects their day to day activities and what changes in relation to the above might help them in performing their role and remove any substantial disadvantage. These discussions will enable managers to make a proper assessment of:
- the individual’s condition and prognosis,
- the effects of the condition on his or her ability to perform relevant job duties and
- the effect of the physical features of the workplace.
This process of identifying and meeting individual needs is often straightforward although in some cases this may require a risk assessment, to identify risks and ways in which they can be mitigated or removed. There will also be times when it requires input from other sources e.g. Staff Occupational Health Service (SOHS) via a management referral, Safety Services, CiCS and potentially other external bodies such as Access To Work (ATW).
This information should then be used by the manager, in liaison with Human Resources, to give full and fair consideration to all potential reasonable adjustments. The manager and (where appropriate) a representative from Human Resources should then meet to discuss any potential options with the individual, and agree what action is required, by whom and within what timescale. During the meeting the employee may be accompanied by a work colleague or trade union representative. A record should be maintained as to these considerations/outcomes.
Once implemented, the impact of any reasonable adjustments should be reviewed at an agreed timescale to ensure they continue to be the most appropriate way of achieving their means. SRDS reviews, regular one to one meetings and return to work discussions/interviews after sickness absence, are useful points to check on arrangements.
In addition managers should be aware of any potential impact that an employee´s disability may have on their ability to: undertake/get involved in new initiatives/ways of working; attend/participate in meetings, training etc. Managers may need to occasionally consider making new reasonable adjustments, or take existing reasonable adjustments into account as new situations emerge.
Before altering or removing an adjustment, e.g. due to changes in the employee´s work etc, the manager should meet with the individual to explore the impact of any proposed change and the options available. Depending upon the scope of the proposed change it may be appropriate to work through the above process.