Learning video and exercises for CSP stewards, health and safety reps and members
Reasonable adjustments for disabled workers from csp.org.uk on Vimeo
Reasonable adjustments information video
Learn about the concept of reasonable adjustments for disabled workers. The video is aimed at CSP stewards, health and safety reps and members.
Learning objectives
The video above and the documents below have the following learning objectives. After working through the video and related documents below you should:
- be clear on the legal definition of a reasonable adjustment and who it applies to
- understand what could constitute a reasonable adjustment in the workplace
- be able to explain what steps members should take if they feel a reasonable adjustment is required (CSP reps)
- understand how to proceed if a reasonable adjustment has not been made, and the legal remedies available
If you are using the video as a learning resource, take some time to look at the quiz and case study. And in light of what you have learned, consider the advice you could give to the CSP member.
Reasonable adjustments quiz
How much do you now know about reasonable adjustments? This quiz helps consolidate learning from our reasonable adjustments video and resource.
Questions
1. What is a reasonable adjustment?
a) a change to the workplace by an employer to remove a substantial detriment to a disabled employee
b) a change to the workplace that the disabled employer thinks is reasonable
c) a change to the workplace that makes it easier for a disabled employee2. Which of the following illnesses could be defined as a disability?
a) Asthma
b) Depression
c) HIV
d) All of the above if they cause a substantial or long term adverse effect on the ability to carry out normal day to day activities3. What adjustments are reasonable?
a) One which does not cost too much
b) One which does not cause any problems for other employees
c) One which removes the substantial disadvantage faced by a disabled person4. What other factors should be taken into account when deciding if an adjustment is reasonable (select all that apply)?
a) Cost
b) Size and resources of the employer
c) The colour and appearance of the adaptation
d) Impact on other workers5. How quickly should an employer make a reasonable adjustment?
a) As soon as possible
b) Within six months
c) Within a reasonable timeframe6. What claims can be bought to an employment tribunal if the employer fails to make a reasonable adjustment?
a) direct discrimination
b) discrimination as a consequence arising from their disability
c) indirect discrimination
d) all of the above7. What are the time limits for making a claim to the ET?
a) Six months from the date of the request
b) Three months less one day from the failure to act
c) There are no time limits
Answers
- 1a, 2d, 3c, 4abd, 5c, 6d, 7b
Reasonable adjustments case study
What would you do? This case study example is provided for CSP stewards and health & safety reps.
Please read the case study and consider how you would support the member. Then, read on for some examples of the types of advice and support our reps would give.
Case study
A Band 7 physio working in stroke services has contacted you for advice. They are registered blind and awaiting a guide dog, having been assessed as suitable.
They will then require 2 weeks training and some follow up support. A guide dog has become increasingly essential to provide them with independence particularly coming to and from work.
They are seeking your advice because their manager has turned down their request for paid special leave to attend the guide dog training. Their manager has also told them that the employer is unable to accommodate a guide dog in any part of the hospital premises, whether or not they are accessed by patients, and that this is the advice from infection control.
The member finds this rather odd, as they also attend the hospital’s Ophthalmology department as an out-patient and has been told they are welcome to bring a guide dog!
How you could advise members
Employers are required under Section 6 of the Equality Act 2010 to make 'reasonable adjustments'. This includes making reasonable adjustments to physical features of their premises, equipment and any arrangements to avoid a disabled employee from being subject to a substantial disadvantage.
You could argue that it is a reasonable adjustment to allow the member paid special leave to attend the guide dog training on the grounds they would be subjected to a substantial disadvantage if they were required to use annual leave or take unpaid leave to attend the training. However, given that a guide dog is provided to help an individual manage their mobility generally, not just in relation to the workplace, it is possible that the employer will not accept that they have a duty to provide paid time off for this, but at the very least they should allow a choice of unpaid leave or annual leave. You may also be able to agree a compromise of some paid time.
The arguments for allowing guide dogs on hospital premises are much stronger. You could do an internet search to find which hospitals have agreements for access to premises of assistance dogs. Some Trusts actively advertise on their websites that guide dogs are welcome, and many have clear policies on ensuring any access restrictions for guide dogs are limited only to those areas where there is an identified risk. It is illogical and contradictory for patients to be allowed to bring guide dogs into the hospital, but staff to be denied this right on the grounds of infection control. It might also be helpful to see if there is any advice or best practice available on this subject from your local RNIB group.
For general guidance on disability rights and legislation, see the CSP's equality and diversity toolkit. The member may also wish to join our DisAbility network, which provides peer to peer support.