failure to make reasonable adjustments compensation, often known as reasonable adjustment compensation, is a legal remedy available to employees who have been subject to disability discrimination in the workplace. Under the Equality Act 2010, employers have a duty to make reasonable adjustments to ensure that disabled employees are not put at a substantial disadvantage compared to non-disabled employees. Failure to make these adjustments can result in a claim for compensation by the affected employee.
Reasonable adjustments can take many forms, depending on the circumstances of the individual and the nature of their disability. They could include adjustments to the physical workplace, such as providing ramps or accessible facilities for wheelchair users, or adjustments to working hours or duties to accommodate a particular impairment. Whatever form they take, the key principle is that they must be reasonable in the circumstances, taking into account the resources available to the employer and the needs of the business.
If an employee believes that their employer has failed to make reasonable adjustments, they may be able to bring a claim for compensation in an employment tribunal. In order to succeed in such a claim, the employee must be able to show three things: first, that they are disabled within the meaning of the Equality Act 2010; second, that the employer has failed to make reasonable adjustments to accommodate their disability; and third, that they have suffered a disadvantage or harm as a result of this failure.
Proving disability in the context of a failure to make reasonable adjustments claim can sometimes be straightforward, particularly if the employee has a recognised impairment that meets the definition of disability under the Equality Act. However, employers may sometimes dispute the employee’s status as disabled, leading to complex legal arguments about the extent of the impairment and its impact on the individual’s ability to carry out day-to-day tasks.
The second element of a failure to make reasonable adjustments claim – showing that the employer has failed to make reasonable adjustments – can also be a contentious issue. Employers may argue that they have made adjustments that are reasonable in the circumstances, or that the employee has not cooperated with the process of identifying and implementing adjustments. An employment tribunal will consider the evidence from both sides before reaching a decision on whether the adjustments made by the employer were sufficient.
If the employee is successful in proving that the employer has failed to make reasonable adjustments, they may be entitled to compensation for any disadvantage or harm that they have suffered as a result. This compensation is intended to put the employee in the position that they would have been in if the adjustments had been made, and may include both financial losses, such as loss of earnings or medical expenses, and non-financial losses, such as injury to feelings or loss of opportunity.
The amount of compensation awarded in a failure to make reasonable adjustments claim will vary depending on the circumstances of the case. Employment tribunals have broad discretion to award compensation based on the individual facts of the case and the extent of the disadvantage suffered by the employee. In some cases, compensation may be relatively modest, while in others it could be substantial, particularly if the failure to make adjustments has had a significant impact on the employee’s life and career.
It is worth noting that compensation for failure to make reasonable adjustments is separate from any other remedies that may be available to disabled employees under the Equality Act 2010. For example, employees may also be able to bring claims for direct discrimination, indirect discrimination, harassment or victimisation, depending on the circumstances of their case. It is important to seek legal advice if you believe that you have been subject to disability discrimination in the workplace, in order to understand your rights and the options available to you.
In conclusion, failure to make reasonable adjustments compensation is an important remedy for employees who have been disadvantaged by their employer’s failure to accommodate their disability. By understanding the legal principles involved and seeking appropriate legal advice, employees can navigate the process of bringing a claim for compensation and seek a remedy for the harm they have suffered. Employers, for their part, should be aware of their duties under the Equality Act and take proactive steps to make reasonable adjustments for disabled employees, in order to avoid costly and damaging claims for compensation.