Question: Is an employer required to make adjustments to an employee’s duties, work place or hours of work if they have a medical condition?
Advice: There is a requirement upon an employer to make ‘reasonable adjustments’ where an employee is suffering from a disability under the Equality Act 2010 (‘the Act’). An employee is suffering from a disability under the Act if the condition the employee is suffering from is a physical or mental impairment which has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities. If the employee’s condition meets this definition there is a requirement for an employer to consider making adjustments but such adjustments only need to be put into place if they are reasonable under the circumstances. Whether an adjustment is reasonable will depend upon a number of factors including:
- the extent to which making that adjustment would prevent the disadvantage in question;
- how practical the adjustment is;
- financial and other costs;
- the extent to which it would disrupt any of the employer’s activities;
- the employer’s resources;
- the employer’s activities and size.