An employer must have knowledge of an employee having a disability before being obligated to make reasonable adjustments. If the employer has no such knowledge then he is under no duty to make reasonable adjustments. However, such knowledge can be imputed to the employer by other employees, managers, agents, and occupational health personnel. So what exactly is the burden on employers to protect their disabled employees?

Reasonable Adjustments

It is at the employer's discretion what adjustments it deems reasonable to make, and employers should take preliminary steps in assessing what measures will prevent the employee from being disadvantaged because of his disability. However, consultation with the employee beforehand is not a mandatory requirement (Tarbuck v Sainsburys Supermarkets Ltd).

An employer is no longer able to justify a failure to make reasonable adjustments where they are necessary. All possibilities must be considered for each individual case, and a decision made as to whether each is a suitable adjustment to make, or not, and why. In cases that prompt tribunal hearings the employer should have documentary evidence to support these considerations.

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