LRD guides and handbook January 2023

Reasonable adjustments for disabled workers – A LRD guide

Introduction

Introduction [page 3] (763 words)

The duty to make reasonable adjustments to improve access for disabled people to employment was first introduced by the Disability Discrimination Act ...
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Chapter 1

Who is entitled to reasonable adjustments? [ch 1: page 5] (250 words)

Some employers will make adjustments for any worker who is facing a barrier to work, regardless of whether that is because they are disabled. This ...
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Which types of worker are covered [ch 1: page 5] (168 words)

What counts as ‘disabled’? [ch 1: page 6] (367 words)

Chapter 2

How the law defines an individual as disabled [ch 2: page 7] (513 words)

As set out in chapter 1, the Equality Act 2010 (EA 10) defines someone as disabled if they have a “physical or mental impairment” that has a ...
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Normal day-to-day activities [ch 2: page 8] (489 words)

Effect of treatment [ch 2: page 9] (1,332 words)

Disputes about whether someone is disabled often centre on whether their condition has a “substantial adverse effect” on their ability to carry ...
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Meaning of ‘long-term’ [ch 2: page 12] (689 words)

Providing evidence of disability [ch 2: page 14] (637 words)

Chapter 3

How the law has worked for specific conditions [ch 3: page 16] (168 words)

Because each case is individual, reps should be cautious about how they use tribunal and other legal judgments to assist their members. Also, they ...
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Diabetes [ch 3: page 16] (596 words)

Stress, anxiety and depression [ch 3: page 17] (1,151 words)

In Walker v Sita Information Networking Computing Limited [2013] UKEAT 0097/12, the EAT ruled that obesity is not itself a disability but it can make ...
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Chapter 4

Must an employee disclose their disability? [ch 4: page 20] (259 words)

A worker is not obliged to disclose to their employer that they are disabled and many choose not to, either for fear of being treated less favourably ...
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Employer’s ‘no-knowledge’ defence [ch 4: page 20] (353 words)

Constructive knowledge [ch 4: page 21] (340 words)

Chapter 5

What constitutes ‘reasonable adjustments’? [ch 5: page 23] (286 words)

An employer has a legal duty to make reasonable adjustments under section 20 EA 10 if an individual is placed at a substantial disadvantage compared ...
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Provision, criterion or practice [ch 5: page 23] (432 words)

Physical features [ch 5: page 24] (62 words)

Auxiliary aids [ch 5: page 24] (51 words)

Such steps as are reasonable [ch 5: page 25] (1,350 words)

Who pays for adjustments? [ch 5: page 28] (125 words)

Chapter 6

Negotiating workplace policies and procedures [ch 6: page 29] (68 words)

Unions at the workplace have a key role to play in helping to ensure that reasonable adjustments are put in place for anyone who needs them at work, ...
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Overall reasonable adjustments procedure [ch 6: page 29] (685 words)

Ensuring existing workplace procedures are supportive [ch 6: page 31] (1,185 words)

Reasonable adjustments passports [ch 6: page 34] (716 words)

Chapter 7

Supporting members with specific requests [ch 7: page 36] (886 words)

Individual members whose physical or mental conditions mean they face barriers to work may need the help of a union rep in seeking specific ...
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Adjustments achieved in union workplaces [ch 7: page 38] (505 words)

Adjustments to support Long Covid sufferers [ch 7: page 39] (483 words)

Adjustments to support neurodivergent staff [ch 7: page 40] (803 words)

Chapter 8

Other forms of disability discrimination [ch 8: page 44] (153 words)

An employer’s failure to make reasonable adjustments for a disabled worker or job applicant is one form of disability discrimination under the EA 10 ...
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Direct discrimination [ch 8: page 44] (51 words)

Indirect discrimination [ch 8: page 44] (154 words)

Harassment [ch 8: page 44] (55 words)

Victimisation [ch 8: page 45] (81 words)

Discrimination by association [ch 8: page 45] (157 words)

Perceived disability [ch 8: page 45] (154 words)

Discrimination arising from disability [ch 8: page 45] (279 words)