In Northern Ireland, employers must make reasonable adjustments for disabled employees or applicants under the Disability Discrimination Act 1995 (DDA) (and Equality Act 2010 in GB) to prevent substantial disadvantage, covering physical changes, policy adjustments (like flexible hours), or providing aids, aiming to level the playing field for those with long-term impairments affecting daily activities, with examples including modified equipment, altered duties, or time off for treatment.
What are Reasonable Adjustments?
- Changes to the work environment, policies, criteria, or practices that help disabled people access and progress in work.
- They aim to remove or minimize disadvantages compared to non-disabled colleagues, ensuring equal opportunity.
Emphasis on the word ‘Reasonable’
The reasonableness of an adjustment will depend on the individual circumstances of each case, meaning that what is reasonable in one situation may not be reasonable in others and therefore all requests or recommendations for reasonable adjustments should be considered individually and not on a ‘one size fits all’ basis. The primary aim of the duty is to enable a disabled person to obtain, remain in, or return to work. The main consideration therefore should be whether a proposed adjustment will help to achieve that goal.
When are They Required?
- When an employer knows, or should reasonably know, an employee is disabled.
- When a ‘provision, criterion or practice’ (PCP) or a physical feature puts a disabled person at a substantial disadvantage.
- When an auxiliary aid is needed but not provided.
The Employer’s Duty
- It’s a proactive duty, not just avoiding discrimination; employers must take steps to prevent disadvantage.
- The duty applies from recruitment through employment.
- Employers cannot charge the disabled person for adjustments.
Steps to Assess the Requirement for Reasonable Adjustments
- Consult the disabled person about his or her needs.
- Obtain expert advice, where appropriate, for example by requesting an Occupation Health Report or a GP letter.
- Refer to the guidance given in the DDA Code of Practice issued by the Equality Commission.
- Use trial periods to test the effectiveness of potential solutions.
- Keep an open mind to possible solutions.
- Review adjustments periodically.
Examples of Adjustments
- Physical: Ramps, accessible toilets, specialised equipment.
- Work Arrangements: Flexible hours, part-time working, phased return, job sharing, altering tasks.
- Support: Time off for treatment, assigning some duties to another person, providing technical aids, modified interview processes.
Recruiting and retaining people with disabilities
As an employer, you should follow fair recruitment and selection procedures as outlined in employment and disability legislation and the Labour Relations Agency Best Practice models.
A failure to comply with the duty may constitute an act of unlawful disability discrimination.
Should any employer wish to discuss the above general guidance further, or would like assistance with drafting or amending policies, such as Dignity at Work, Equal Opportunities Polices, to remain coherent under current legislation, please do not hesitate to contact our Kerry McDonald at [email protected]
Key NI Resources
