The Employer’s Duty to Make Reasonable Adjustments. When is a Reasonable Adjustment, Not Reasonable?
Abstract
This article considers the impact of the reasonable adjustments duty imposed upon employers in section 4A of the Disability Discrimination Act (1995) where a provision, criterion, practice, or physical feature of the premises of the employer places the disabled person at a substantial disadvantage in comparison with persons who are not disabled. It considers that while the duty to make reasonable adjustments has contributed to the rising rates of employment among disabled people, an examination of the Employment Tribunal and EAT Statistics (GB) conversely reveals that there has been a steady increase in cases of disability discrimination in recent years. It is argued that the complexity of section 4A and the ensuing case law have contributed to the rising tide of cases in this field and is a trend which is likely to continue for the foreseeable future.
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Workplace adjustments enable employees with specific needs to work safely and productively, and facilitate equal participation and better employment opportunities for disabled people.
“Workplace adjustments enable employees with specific needs to work safely and productively, and facilitate equal participation and better employment opportunities for disabled people [1–3].”
From Autistic adults’ views and experiences of requesting and receiving workplace adjustments in the UK (2022) · cites this paper as [2]
Cites
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Autistic adults’ views and experiences of requesting and receiving workplace adjustments in the UK
Davies, J., Heasman, B., Livesey, A., Walker, A., Pellicano, E., & Remington, A. (2022) · PLOS ONE · doi:10.1371/journal.pone.0272420 · Cited by 65 · see citing works
- Authors
- Bunbury, S.
- Affiliations
- University of Westminster (GB)
- Corresponding author
- Bunbury, Stephen
- ORCID
- Bunbury, Stephen
- Venue
- International Journal of Discrimination and the Law
- Publisher
- SAGE Publications
- Published
- 2009-09
- Volume
- 10
- Issue
- 3
- Pages
- 111-131
- ISSN
- 1358-2291 (ISSN-L)
- 2047-9468
- OpenAlex
- W2079982935
- Cited by
- 6
- References
- 14
- Citations by year
- 2024: 1 · 2022: 2 · 2021: 1 · 2020: 1 · 2014: 1
- FWCI
- 0.00
- Type
- journal article
- Language
- en
- Open access
- closed
- Locations
- International Journal of Discrimination and the Law (publishedVersion)
- Topics
- Social Sciences › Law › Discrimination and Equality Law
- Social Sciences › Safety Research › Disability Education and Employment
- Social Sciences › Safety Research › Disability Rights and Representation
- Keywords
- reasonable accommodation, disability discrimination, Disability Discrimination Act 1995, employer obligations, Employment Appeal Tribunal, employment of people with disabilities, case law
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