In a society striving for equality and inclusivity, understanding the duty to make reasonable adjustments for disabled people is crucial. This duty, enshrined in the Equality Act 2010, requires certain entities like employers, educational institutions, and service providers to take proactive steps in removing barriers faced by individuals with disabilities. This article aims to provide a comprehensive overview of what this duty entails and its implications for both disabled individuals and the organisations required to comply.
Table of Contents
What is the Duty to Make Reasonable Adjustments?
Under the Equality Act 2010, adjustments must be made to ensure disabled individuals can access education, employment, housing, and various goods and services on an equal basis with others. This duty falls on a range of organisations and institutions, including but not limited to employers, schools, local authorities, and clubs.
Financial Responsibility for Adjustments
It’s important to note that the Equality Act stipulates that disabled individuals should not bear the cost of these adjustments. The responsibility to finance these changes lies entirely with the organisation or individual providing the service or employment.
Defining ‘Reasonable’ Adjustments
The term ‘reasonable’ is pivotal in this context. What constitutes a reasonable adjustment depends on several factors, including:
- The nature of the disabled person’s impairment.
- The practicality of implementing the adjustment.
- Whether the change would effectively overcome the disadvantage experienced.
- The size and resources of the organisation.
- The cost of the adjustment.
- Any previous adjustments made.
Types of Required Adjustments
- Changing Policies and Practices: This involves altering existing policies, rules, or ways of doing things that put disabled individuals at a disadvantage.Example: A university changing its parking policy to allow a student with mobility impairment to park closer to class venues.
- Altering Physical Features: This can include modifications to buildings or premises to make them more accessible.Examples: Installing ramps, widening doorways, or improving lighting and signage.
- Providing Auxiliary Aids and Services: This includes providing additional services or equipment to aid disabled individuals.Examples: Offering portable induction loops, providing information in Braille or audio formats, or offering personalised services like home visits.
When is the Duty Triggered?
The duty to make reasonable adjustments is triggered when a disabled person faces a ‘substantial disadvantage’ compared to non-disabled individuals. ‘Substantial’ in this context means more than minor or trivial.
Example: A deaf individual requiring a BSL interpreter during a police interview.
Consequences of Non-Compliance
Failure to comply with the duty to make reasonable adjustments is considered unlawful discrimination under the Equality Act. Individuals who encounter non-compliance can request the necessary adjustments, and if refused, they may have grounds to make a discrimination claim.
Conclusion
The duty to make reasonable adjustments is a cornerstone in building an inclusive society where disabled individuals can participate fully and equally. It’s not merely a legal requirement but a moral imperative that underscores the values of equality and respect for diversity. By understanding and implementing these adjustments, organisations and businesses can contribute significantly to a more equitable world.
