Future of work: How to make reasonable adjustments in the workplace


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One of the trickiest issues for employers can be making reasonable adjustments for disabled employees. 

There are new cases coming through all the time, and recently, the case of Linsley v Commissioners for Her Majesty's Revenue and Custom has highlighted how important understanding the duty to make reasonable adjustments is.

The EAT considered the tribunal's comment that the reasonable adjustment requested by Ms Linsley was not the only possible or best solution. However, the EAT explained that an employer is not required to select the best or most reasonable of adjustments, nor is it required to make the adjustment preferred by the disabled person. So long as the particular adjustment selected by the employer is "reasonable" it will have complied with its duty.

Whether an adjustment is reasonable or not is judged objectively. The fact that you may believe it to be reasonable is not sufficient; it must be deemed reasonable on an objective basis by reference to the actual disability, the effect of that disability on the employee, any policies that you already have in place and in light of all the medical evidence available, not the most recent.

Remember it is a positive duty, and increasingly important for the #FutureOfWork where competition for talent is so important.

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