Employers have a legal obligation to make reasonable adjustments to accommodate employees with disabilities in the workplace. Failure to do so can result in discrimination claims and financial compensation for the affected individual. In this article, we will explore what constitutes a failure to make reasonable adjustments, how it can impact employees, and the compensation that may be awarded in such cases.
Under the Equality Act 2010, employers are required to make reasonable adjustments to ensure that employees with disabilities are not placed at a substantial disadvantage compared to their non-disabled colleagues. This includes making adjustments to the physical work environment, providing additional support or equipment, adjusting working hours or duties, and making changes to policies or procedures.
A failure to make reasonable adjustments occurs when an employer does not take the necessary steps to accommodate an employee’s disability, resulting in the employee being disadvantaged in some way. This could include not providing necessary equipment, not making changes to the work environment, or not allowing flexible working arrangements.
When an employee believes that their employer has failed to make reasonable adjustments, they can raise a complaint internally or file a claim with an employment tribunal. If the tribunal finds that the employer has indeed failed to make reasonable adjustments, the employee may be entitled to compensation.
Compensation in cases of failure to make reasonable adjustments is intended to compensate the employee for any losses or suffering they have experienced as a result of the discrimination. This could include financial losses such as loss of earnings, as well as non-financial losses such as emotional distress or damage to reputation.
The amount of compensation awarded in cases of failure to make reasonable adjustments can vary depending on the specific circumstances of the case. Factors that may be taken into account include the extent of the disadvantage suffered by the employee, the financial impact of the failure to make adjustments, and any emotional distress or suffering experienced.
In some cases, compensation for failure to make reasonable adjustments may also include an award for injury to feelings. This is a form of compensation that is intended to reflect the emotional impact of the discrimination on the employee. The amount of compensation awarded for injury to feelings can range from a few hundred pounds to several thousand pounds, depending on the severity of the impact.
It is important to note that compensation for failure to make reasonable adjustments is not automatic. The employee must be able to demonstrate that they have been disadvantaged as a result of the employer’s failure to make adjustments, and that this has caused them to suffer losses or distress. It is also important for the employee to keep records of any relevant correspondence or evidence that supports their claim.
Employers have a legal responsibility to ensure that they make reasonable adjustments to accommodate employees with disabilities. Failure to do so can not only result in financial compensation for the affected employee, but can also damage the reputation of the employer and lead to negative publicity. It is in the best interest of both employers and employees to take steps to ensure that reasonable adjustments are made where necessary.
In conclusion, failure to make reasonable adjustments compensation is a form of financial redress that may be awarded to employees who have been disadvantaged as a result of their employer’s failure to accommodate their disability. This compensation is intended to compensate the employee for any losses or suffering they have experienced, including financial losses, emotional distress, and injury to feelings. Employers should be aware of their legal obligations in this regard and take steps to ensure that they are making appropriate adjustments to accommodate employees with disabilities.