Introduction
Under the Equality Act 2010, the duty to make reasonable adjustments mandates that employers, service providers, and other relevant bodies take proactive steps to eliminate substantial disadvantages faced by disabled individuals due to provisions, criteria, or practices, or physical features of premises. This duty requires organizations to adjust policies, modify physical environments, and provide auxiliary aids to accommodate the needs of disabled persons. The obligation is anticipatory in nature, compelling organizations to consider potential barriers in advance rather than responding reactively.
Legal Framework and Core Principles
Statutory Basis
Sections 20 to 22 of the Equality Act 2010 detail the duty to make reasonable adjustments. This duty obliges organizations to:
- Adjust Policies, Practices, or Procedures: Modify existing ways of working that place disabled persons at a disadvantage.
- Alter Physical Features: Change or remove physical barriers in the environment.
- Provide Auxiliary Aids and Services: Supply additional support or equipment to assist disabled individuals.
The anticipatory nature of this duty means organizations must consider and address potential needs before they arise, especially in service provision and public functions.
Main Elements of the Duty
Substantial Disadvantage
The duty is triggered when a disabled person experiences a significant disadvantage compared to non-disabled individuals. According to Section 212(1) of the Equality Act 2010, "substantial" means more than minor or trivial. For example, if a wheelchair user cannot access a building due to steps at the entrance, this constitutes a substantial disadvantage requiring adjustment.
Reasonableness
Determining what is reasonable involves examining several factors:
- Effectiveness of the Adjustment: The extent to which the adjustment alleviates the disadvantage.
- Practicability: How feasible it is to implement the adjustment.
- Cost and Resources: The financial implications and the organization's ability to bear the cost.
- Disruption: The level of inconvenience the adjustment may cause.
- External Assistance: Availability of grants or subsidies to offset costs.
For instance, a small business might evaluate whether installing a ramp is a reasonable adjustment based on cost and the number of individuals who would benefit.
Knowledge of Disability
In employment contexts, the duty arises when the employer knows, or could reasonably be expected to know, that an employee has a disability and is likely to experience substantial disadvantage. Employers should make reasonable inquiries if they observe signs of struggle due to potential disabilities.
In service provision, the duty is inherently anticipatory. Service providers must contemplate adjustments for disabled persons generally, irrespective of current clientele.
Key Case Law
Examining landmark cases provides clarity on the application and evolution of the duty to make reasonable adjustments.
Archibald v Fife Council [2004] UKHL 32
The House of Lords held that the duty may require employers to treat disabled employees more favorably than others. In this case, transferring a disabled employee to a different role without competitive selection was deemed a reasonable adjustment. This decision emphasized that equal treatment might necessitate positive action to achieve substantive equality.
Finnigan v Chief Constable of Northumbria Police [2013] EWCA Civ 1191
The Court of Appeal expanded the interpretation of auxiliary aids to include human assistance. The failure to provide a sign language interpreter for a deaf individual during a police interview breached the duty. This case highlighted that reasonable adjustments involve more than physical aids, extending to necessary human support.
Paulley v FirstGroup plc [2017] UKSC 4
The Supreme Court ruled that service providers must take additional steps beyond having a policy in place to ensure accessibility. In this instance, a bus company was required to do more to enable wheelchair users to access designated spaces, emphasizing proactive enforcement of accessibility measures.
Applications Across Different Sectors
The duty to make reasonable adjustments applies broadly, affecting various sectors with unique considerations.
Legal Profession
Legal organizations must ensure both their services and workplaces are accessible.
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Client Services: Providing documents in alternative formats, such as braille or audio, and ensuring offices are physically accessible.
Example: Offering home visits or virtual consultations for clients with mobility impairments to ensure they receive legal advice without unnecessary barriers.
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Recruitment and Employment: Adjusting recruitment processes and workplace accommodations for employees with disabilities.
Example: Implementing assistive technologies like screen readers for visually impaired staff and allowing flexible working hours for those with chronic health conditions.
Education
Educational institutions have a responsibility to create inclusive learning environments.
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Teaching and Assessment Adjustments: Modifying teaching methods and assessment procedures to accommodate diverse needs.
Example: Providing lecture materials in advance and allowing extra time during exams for students with learning difficulties.
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Accessibility of Facilities: Ensuring campuses are navigable for all students, including those with physical disabilities.
Example: Installing lifts and ramps throughout campus buildings to facilitate easy movement for wheelchair users.
Technology Sector
Tech companies must consider accessibility in both their products and workplaces.
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Product Accessibility: Designing software and hardware that are usable by individuals with disabilities.
Example: Creating apps that are compatible with screen-reading technology to aid users with visual impairments.
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Workplace Accommodations: Adapting the work environment to support employees' varied needs.
Example: Providing ergonomic keyboards and voice recognition software for employees with repetitive strain injuries.
Practical Considerations and Challenges
Proactive Planning in Service Provision
Organizations are expected to anticipate potential barriers and address them proactively.
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Accessibility Audits: Regularly assessing facilities and services to identify and rectify issues.
Example: A shopping center conducting periodic reviews to ensure that all areas are accessible to individuals with mobility impairments.
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Staff Training: Educating employees on disability awareness and appropriate assistance methods.
Example: Training customer service teams to effectively communicate with customers who have hearing or speech difficulties.
Balancing Factors in Reasonableness
Determining reasonable adjustments involves balancing effectiveness with practicality and resources.
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Cost vs. Benefit: Weighing the financial cost against the benefit to disabled individuals.
Example: A small retailer may find installing an expensive elevator unreasonable but could offer shopping assistance to customers who cannot access upper floors.
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Impact on Others: Considering how adjustments affect other employees or customers.
Example: Rearranging office layouts to accommodate wheelchair access while ensuring workspaces remain functional for all staff.
The Ongoing Nature of the Duty
The duty is continuous, requiring regular reassessment and adaptation.
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Staying Informed: Keeping up-to-date with advancements in accessibility technologies and legal developments.
Example: Updating websites to comply with new web accessibility standards that facilitate easier navigation for users with disabilities.
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Engagement with Disabled Individuals: Actively seeking feedback to improve accessibility measures.
Example: Conducting surveys with disabled customers to identify unmet needs and areas for improvement.
Conclusion
Addressing the duty to make reasonable adjustments under the Equality Act 2010 involves complex considerations of its anticipatory nature, the concept of reasonableness, and practical implementation across different sectors. The duty's details are clarified through statutory provisions and landmark cases like Archibald v Fife Council, which highlight the necessity of potentially treating disabled individuals more favorably to achieve true equality.
Technical principles derived from these legal foundations interact with practical challenges organizations face, such as balancing cost against benefit and ensuring adjustments effectively alleviate substantial disadvantages. For example, providing human assistance as an auxiliary aid, as established in Finnigan v Chief Constable of Northumbria Police, demonstrates the duty's breadth beyond physical adjustments.
Organizations must recognize that the duty is an ongoing commitment, necessitating continuous evaluation and adaptation to evolving circumstances and advancements in technology. By thoroughly understanding and effectively implementing these legal obligations, entities not only comply with the Equality Act 2010 but also contribute to a more inclusive and accessible society.
