Disability at work (Part 2): What is a “reasonable” adjustment? With Victoria Othen

Welcome to The Work Couch, the podcast where we discuss all things employment.

Host Ellie Gelder is once again joined by consultant employment lawyer Victoria Othen to talk about disability at work and what reasonable adjustments look like at each stage of the employment life cycle. In part two, which is packed with practical examples, they discuss:

• Relevant factors when assessing the reasonableness of an adjustment;
• Risks and exceptions relating to pre-employment health questions during the recruitment process;
• Case law on reasonable adjustments in respect of performance and attendance management, and redundancy processes;
• Reasonable adjustments to policies and procedures;
• Low or zero cost adjustments; and
• Victoria's top tips for employers to comply with their duty to make reasonable adjustments.

Listen to our previous Work Couch episode: Disability at work (Part 1): "Right to try work" and the law on reasonable adjustments.

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All information is correct at the time of recording. The Work Couch is not a substitute for legal advice.

References

1. Equality and Human Rights Commission guidance on workplace adjustments

2. Noor v Foreign & Commonwealth Office EAT/0470/10

3. Dominique v Toll Global Forwarding Ltd EAT/0308/13

4. AECOM Ltd v Mallon [2023] EAT 104

5. Adjusting your recruitment process for a candidate with a disability: What is reasonable? (RPC article, 18 September 2023)

6. Waddingham v NHS Business Services Authority ET/1804896/13 & ET/1805624/13

7. Shearer v South Lanarkshire Council 4107433/23 (Scottish ET)

8. Archibald v Fife Council [2004] HL 32

9. Rentokil Initial UK Ltd v Miller [2024] EAT 37

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