When is it “reasonable” for an employer to make anaccommodation?

Effective and practicable adjustments for disabled people often involvelittle or no cost or disruption. It is very likely to be reasonable for anemployer to make. In order to determine if an adjustment is reasonable,the following factors could be taken into consideration:The effectiveness of the step in preventing the disadvantageAs an example, the particular accommodation is reasonable if it will havea direct effect on the productivity/output. If the adjustment does notbenefit the employee much, then the adjustment is unlikely to bereasonable.The practicality of the stepFor example, it may be impractical for an employer, who needs to appointa person immediately, to wait for an adjustment to be made to theentrance to the building. However, it might be reasonable and possible tomake a temporary arrangement in the meantime, based on the suggestionof the employee.The financial and other cost of the accommodation and the extent of anydisruption caused.If an adjustment costs little or nothing it would be reasonable. Thesignificance of the cost of a step may depend in part on what the employerwould otherwise spend in the circumstances. It might be reasonable for anemployer to make an adjustment with significant cost for an employeewho is likely to be in a job for some time, than a temporary employee.The extent of the employer’s financial or other resourcesFor example, it would be reasonable for an employer with a largeworkforce to make significant efforts to reallocate duties, identify analternate post or provide supervision from an existing staff. It could bereasonable for a small company to have to make any of theseadjustments, but not if it involved a disproportionate effort.The availability to the employer of financial or other assistance to helpmake an adjustmentThis is best illustrated with the help of examples. An employer, inrecruiting a disabled person, finds that the only feasible adjustment isexpensive. If the assistance is however available from either aGovernment programme, or a voluntary body or if the disabled person iswilling to contribute, it is reasonable for the employer to allow the use ofthe equipment. In another instance, if the person has the piece of adaptedequipment which she/he is prepared to use for work, then she/he should beallowed to use it. Then again, if an employee needs a full time personalassistant and the employee is willing to bear the cost, then the employerhas to allow the attendant to come with the employee.

Related

Leave a Reply