FAQs

1. Do I have a disability under the Equality Act 2010?

   For the purposes of disability discrimination and the duty to make reasonable adjustments, whether an individual has a disability is a legal question, rather than a medical question.

   Under s6(1) of the Equality Act 2010, disability is defined as any 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. This means that any medical condition could, in theory, amount to a disability if its impact is long-term and sufficiently substantial.

2. When does my employer have to make reasonable adjustments?

   Your employer is required to make reasonable adjustments for you if you are disabled and suffer a substantial disadvantage as a result due to:

   • any ‘provision, criterion or practice’ which your employer applies; or
   • a ‘physical feature’ of your workplace; or
   • the absence of an ‘auxiliary aid’.

   The purpose of the reasonable adjustment is to remove or avoid the substantial disadvantage you suffer and your employer must bear the cost of the adjustment.

3. What kinds of reasonable adjustments is my employer required to make?

   Your employer’s duty is ‘to take such steps as it is reasonable to have to take’ to avoid the substantial disadvantage you suffer (or to provide the auxiliary aid) and factors which might be taken into account when deciding if a step is a reasonable one to take include:

   • whether the step would be effective in preventing the substantial disadvantage;
   • the practicability of the step
   • the financial and other costs of making the adjustment and the extent of any disruption caused;
   • the type and size of your employer and the extent of their financial (and other) resources; and
   • the availability to the employer of financial or other assistance to help make the adjustment.
4. What can I do if my employer refuses to make reasonable adjustments for me?

   The starting point will often be to seek redress under your employer’s internal grievance procedure. If this does not resolve your concerns, you may have grounds to pursue a claim in the Employment Tribunal for your employer’s failure to make reasonable adjustments.

5. Do I have other protections as a disabled worker?

   If you are disabled, you also have the right not to be subjected to unlawful discrimination because of, or harassment in relation to, your disability. Discrimination can take many forms, including direct, indirect, harassment, victimisation and discrimination arising from disability.