Under the Equality Act 2010 an employer has a duty to make reasonable adjustments to a policy, criterion or practice where a disabled person is placed at a significant disadvantage because of their disability.
The trigger to the duty is where an employer knows (or ought to know) that an employee or job applicant has a disability; and the employee suffers a substantial disadvantage in comparison with a non-disabled person.
The key word here is ‘reasonable’. Various factors are taken into account in determining whether a proposed adjustment is likely to be considered reasonable.
- The extent to which the step would be effective in overcoming the disadvantage. Would the adjustment enable the employee to carry out their duties (even if some minor duties have to be reallocated)?
- The extent to which the step is practicable;
- Financial and other costs and disruption; it might be considered reasonable to spend at least as much on retaining an employee as might be spent on recruiting and training a new employee.
- The extent of resources of the whole organisation;
- The availability of other assistance;
- The nature of the activities and the size of the employer;
- The extent to which the employee is willing to co-operate.
As a good employer we would in any case be looking at providing all employees, including disabled ones, with the support they need to carry out their role at the university.