Under the Disability Discrimination Act (DDA) disabled people can be treated more favourably in order to ensure equality of outcome. The Act requires employers to make reasonable adjustments to ensure disabled employees are not substantially disadvantaged.
Reasonable adjustments include changes to working policies and practices, as well as to the physical features of any premises. In addition to some adjustments as a general response to the needs of all disabled people, organisations in the NHS will also need to make specific adjustments to take into account the individual requirements of staff members
Whether an adjustment can be classed as reasonable depends on a number of factors including:
- consideration of how effective and practical an adjustment will be. Many adjustments that are both effective and practicable are also simple and depend on a flexible approach and creative thinking;
- Health and safety - this should never be compromised, either for the disabled person or other employees, but equally health and safety should never be used as an excuse for not making reasonable adjustments;
- how effective the adjustment is in preventing disadvantage to the disabled person;
- how practical it is;
- how much it will cost;
- and how much disruption it will cause.
Reasonable adjustments may be required at any stage of employment:
- During the recruitment process
- In terms and conditions of employment
- If a disability develops whilst a person is in post
- Age related disabilities in older employees
The disabled person must always be consulted about what adjustments they actually require, and if need be, an expert assessor should be brought in to work with the disabled person and identify what equipment would suit them best. Adjustments need to be arranged as soon as a disabled member of staff needs them and be reviewed on an ongoing basis to ensure any changing requirements are considered.
Examples of reasonable adjustments include:
- Agreeing a change or transfer of duties
- Agreeing flexible working hours
- Agreeing transfer to a different place to work to aid accessibility
- Giving or arranging for training or mentoring
- Agreeing time off during working hours for rehabilitation, assessment or treatment
- Acquiring or modifying equipment
- Modifying or adjusting some HR policies
- Altering physical features of the building or office layout