One of the questions that comes up from time to time is if there is a difference between Reasonable Adjustments and Adjustments, when using this terminology and managing your workforce.
Reasonable Adjustments:
The actual word comes from the Equality Act 2010, where it states:
“……the Act imposes a duty to make reasonable adjustments for those who fall within the definition of a disability…..”
The definition of a disability is:
‘Someone who has a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities’
What does substantial and long-term mean:
- ‘Substantial’ is more than minor or trivial, for example it takes much longer than it usually would to complete a daily task like getting dressed
- ‘long-term’ means 12 months or more, for example a breathing condition that develops as a result of a lung infection
When managing someone at work under the Equality Act 2010 in the workplace, the Act requires the employer to make ‘reasonable adjustments’ for those individuals who are protected from any kind of discrimination and have a disability.
A reasonable adjustment is a change made to the workplace or the way work is done to enable a disabled person to access or continue in employment, examples include:
- Providing specialized equipment
- Flexible working hours
- Modifying tasks
Therefore, it would be wise to use the words ‘reasonable adjustments’ to manage any situation where the employer is making reasonable adjustments (removing or reducing a disadvantage) for a disabled staff member.
Disability by Association:
In the UK, “disability by association” or “associative discrimination” means treating someone less favourably because of their connection to someone with a disability, such as a family member, friend, or colleague, as defined by the Equality Act 2010.
This type of discrimination occurs when someone is treated unfairly because of their association with someone who has a protected characteristic, specifically a disability. Examples of this include:
- A person being denied a job because their child has a disability
- A person being harassed because their partner has a disability
- A person being treated less favourably because they campaigned to help someone with a disability
Adjustments:
In the workplace, adjustments are usually referred to situations when the employer is making adjustments for individuals for a number of reasons. In these cases, there is no duty on the employer as this is different to reasonable adjustments and includes everyone. Examples include:
- Re-arranging meetings due to emergencies
- Providing additional support when doing specific tasks (i.e. mentoring)
- Altering working hours temporarily while someone recovers fully from a planned operation
Should you require any additional advice, give us a call on 03456 122 144
