What is a “reasonable” adjustment?
The word “reasonable” crops up frequently when managing staff with regards to employment law. If you have an employee with a disability and you are told you have to make a “reasonable adjustment” do you know what this might entail?
In a recent Employment Appeal Tribunal (EAT) case (Home Office (UK Visas and Immigration) v Kuranchie) they found that the employer had failed to reduce an employee's workload on the basis of her disability (dyspraxia and dyslexia) and as a consequence failed to discharge its duty to make reasonable adjustments. Although they had allowed the employee to work compressed hours over a period of four days and provided specialist equipment, her workload had not reduced. For employees who are not disabled, you would not expect this to be required, but the employee in this case complained to a tribunal that because of her disability she was at a substantial disadvantage and that her employer should have recognised this and reduced her workload accordingly.
The EAT dismissed the employer’s appeal against a disability discrimination finding - even though the employee had not suggested reducing the hours herself. They said that the failure was solely that of the employer in that it had failed to consider the relevant reasonable adjustment which in this case would have been a reduction in workload.
Posted on 28 Mar 2017