The Art of Reasonable
Adjustment
RSSB Conference
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Overview
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Definitions
Legal duties
Costs
Benefits
Involving Disabled People
CanDo
Case Study
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The Legal Definition
A physical or mental impairment that has a
substantial and long-term adverse effect on
the ability to carry out normal day-to-day
activities.
NB
• There is no ‘register’ of disabled people
• Being disabled according to the Equality Act is not the same as
being entitled to disability benefits
• Many people protected by legislation would not label themselves as
disabled e.g. people with diabetes
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Legal Definition cont.
• Long-term medical conditions such as diabetes
• Fluctuating or progressive conditions such as
rheumatoid arthritis or motor neurone disease
• Mental health conditions e.g. bipolar disorder
• Learning difficulties e.g. dyslexia, dyspraxia
• Learning disabilities e.g. autism and Down’s
syndrome
• People with cancer, multiple sclerosis and
HIV/AIDS automatically protected from point of
diagnosis
• People with severe disfigurement
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The Social Model
Disability is created by barriers in society that
generally fall into three categories:
• the environment – including inaccessible
buildings and services
• people’s attitudes – stereotyping,
discrimination and prejudice
• organisations – inflexible policies, practices
and procedures
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Reasonable Adjustment
Duty to take steps to remove, reduce or prevent the
barriers that disabled people face including:
1. Prejudice and stereotypes
2. Inflexible organisational procedures and practices
3. Inaccessible information
4. Inaccessible buildings
5. Inaccessible transport
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The Test of Reasonableness
What is reasonable?
• how effective the change will be in overcoming
the barriers faced
• practicality
• cost
• the organisation’s resources and size
• the availability of financial support
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Proactive Adjustments
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The duty to make adjustments is not just reactive
Its not just about individuals’ needs
It also about removing institutional discrimination
Diversity Impact Assessments can help to do this
Could mean treating disabled employees 'more
favourably'
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Costs
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When considering costs and resources you need
to look across the whole of your organisation.
Many of the adjustments we need to make will not
be particularly expensive.
If advice or support is available, for example, from
Access to Work then this will make the adjustment
more reasonable
If an adjustment costs little or nothing and is not
disruptive, it is very likely to be reasonable
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Benefits
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Reducing long-term sickness
Increasing retention
Increasing safety
Improving performance
Innovation
Benefits Everyone
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Involving Individual Disabled People
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Agree any adjustments with the disabled
employee otherwise they may not be effective
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Different employees will need different changes,
even if they have similar impairments
It may take several different adjustments to
address disadvantage
Impairments can change so adjustments should
be flexible and reviewed regularly
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Involving Staff Networks - CanDo
CanDo is Network Rail’s Disabled Employee Network.
The aim of the network is to collectively work towards improving policies and
practices and implementing change
We can:
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raise concerns from members
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act as a consultation group for policies and practice
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help to generate ideas and solutions
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Presentation Title: View > Header & Footer
To help ensure an inclusive working environment disabled individuals and
CanDo are involved in decisions on support and reasonable adjustments.
Seeking regular feedback from disabled people about Network Rail’s strengths
and weaknesses in providing assistance and/or reasonable adjustments also
supports the development of an inclusive environment.
To be truly successful and to maintain momentum, Network Rail listens to the
network and involves them in decision making and policy review.
6-Nov-15 / 13
Case Study – Group Work
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Introduce yourself
Read the case study
Agree an approach
Feedback to the room
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Visual Impairment
Examples of Reasonable Adjustments
Accept application via CV
Use email rather than post to allow text-to-voice software to be used.
Provide recruitment testing in large print hard copy documents rather
than online.
Provide a support worker for an assessment day
Put in place a tidy office policy to reduce risks of trips.
Ensure alternative formats are available e.g. large print, audio, Braille
on request
Etc etc etc
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Hearing Impairment
Examples of Reasonable Adjustments
Subtitled videos
Sign language interpreters
Training for teams and interviewers on using a sign language
interpreter
Provision of a textphone, SMS or SKYPE service.
Flashing fire alarms and / or vibrating pagers
Etc etc etc
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Mobility Impairments
Examples of Reasonable Adjustments
Accessible buildings
Blue badge parking
Access maps
Taxis
Adapted chairs / desks / keyboards
Speech to text software
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Learning Difficulties
Examples of Reasonable Adjustments
Papers sent in advance
Clear print guidelines
Mind mapping software
Dictaphone
Colour coding
More time
Reduced targets
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Mental Health
Examples of Reasonable Adjustments
Reduced workload
Extended timescales
Stress reduction measures
Flexitime
Part-time
Training for team
Phased return
Assigned a buddy
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A Common Barrier - Attitude
Be sensitive about language and avoid thinking of disabled people as:
victims of their impairments or sufferers of health conditions
heroes
dependant upon others
receivers rather than givers to society and the economy
only wheelchair and white stick users
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