Solicitarea de ajustări rezonabile la locul de muncă
Cum să solicitați ajustări rezonabile de la angajator.
Prezentare generală
Under the Equality Act 2010, employers have a legal duty to make 'reasonable adjustments' for employees (and job applicants) who are disabled. A disability is defined as a physical or mental impairment that has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities. Reasonable adjustments might include changes to working hours, providing equipment, modifying duties, or allowing working from home. The duty arises where a provision, criterion, or practice (PCP) of the employer, or a physical feature of the workplace, puts a disabled person at a substantial disadvantage compared to non-disabled people.
Cine poate folosi acest proces
- You have a physical or mental impairment that has a substantial and long-term (12 months+) effect on your ability to carry out normal day-to-day activities
- You are an employee, worker, or job applicant
- A provision, criterion, or practice of the employer, or a physical feature of the workplace, puts you at a substantial disadvantage
Proces pas cu pas
Identify the Adjustments You Need
Think about what specific barriers you face at work and what changes would help. Common adjustments include: flexible working hours, working from home, modified duties, assistive technology or equipment, extra breaks, phased return to work, reallocation of some tasks, mentoring or support, and adjustments to the physical workplace (e.g., wheelchair access, lighting, noise reduction).
- Focus on practical solutions — what would actually help you do your job
- Access to Work (a government scheme) can provide funding for some adjustments
- Your GP, occupational health, or a disability organisation can help identify suitable adjustments
Make the Request
Write to your employer (usually your line manager or HR department) explaining your condition (to the extent you are comfortable), the difficulties you experience, and the adjustments you are requesting. You do not have to use specific legal language. It helps to explain how the adjustments would remove the disadvantage you face.
- Put your request in writing so there is a record
- You do not have to disclose your full diagnosis — focus on the functional effects
- Refer to the Equality Act 2010 duty to make reasonable adjustments if needed
Engage in Dialogue
Your employer should discuss your request with you. They may suggest alternative adjustments, ask for medical evidence (e.g., an occupational health assessment), or ask questions about how the adjustments would work in practice. This is a collaborative process. The employer cannot simply refuse without considering the request.
- Keep notes of all meetings and conversations
- If your employer suggests an occupational health referral, cooperate — it often supports your case
- Be open to alternative suggestions that achieve the same outcome
If the Request Is Refused
If your employer refuses to make adjustments, ask for the reasons in writing. Consider whether the refusal is justified — the employer is not required to make adjustments that are not 'reasonable' (factors include cost, practicability, and the size of the organisation). If you believe the refusal is unlawful, you can raise a grievance, contact ACAS for early conciliation, or bring an employment tribunal claim for disability discrimination.
- The employer bears the burden of showing that adjustments are not reasonable
- ACAS early conciliation is free and a prerequisite before bringing a tribunal claim
- Time limit for tribunal claims is 3 months less 1 day from the act of discrimination
Costuri
Avertismente importante
Failure to make reasonable adjustments is a form of disability discrimination under the Equality Act 2010.
The duty to make reasonable adjustments only arises if the employer knows (or ought reasonably to know) that the employee is disabled.
Not every adjustment requested will be 'reasonable' — factors include cost, practicability, the employer's resources, and the effectiveness of the adjustment.