About this week
Reasonable adjustments are an essential right in the pursuit of Fair Work for disabled workers.
This topic will provide the opportunity for you to reflect on the importance of reasonable adjustments, consider some of the challenges that may exist, and how to overcome them.
The expert video is provided by Sally Witcher, freelance trainer and former Chief Executive of Inclusion Scotland.
Learning points
Reflective question
Consider a workplace policy you are familiar with, such as a recruitment policy and process. What would have to be changed with this process to make it accessible to a disabled applicant? What could be changed proactively to ensure it is accessible from the get-go? How about accessibility for a person with long-Covid?
Disabled people have the right to legal protections, including reasonable adjustments. In the Equality Act (2010), the protected characteristic of ‘Disability’ is defined as any condition or impairment that has ‘substantial’ or ‘long-term’ (over 12 months) negative impact on a person’ ability to carry out ‘normal’ daily activities.
Following from Equality Act (2010), the Public Sector Equality Duty places proactive duties on employers to anticipate and prevent discrimination of disabled people, as defined in the Act.
This legal definition means that although someone may not identify as disabled, they may still be entitled to protection and reasonable adjustments if they are considered to fit these criteria.
This definition of disability is based on a medical model, but it still gives a clear mandate to pursue necessary adjustments that can make workplaces more equitable. You do not need a diagnosis to request reasonable adjustments and employers should put reasonable adjustments in place if they could reasonably believe that a person may be disabled.
Beyond seeking reasonable adjustments however, we should look to proactively ensure our society, and our workplaces, are designed with disabled people in mind – and that their voices are heard in the process.
As trade unionists, how can we fight to ensure work offers effective voice, security, fulfilment and respect for all disabled workers?
View our archived material on Fair-Work within Scotland’s education system