Key Facts

Some employers may discourage a patient's return to work unless fully fit. However, the EA helps to temper this reluctance by placing duties on employers to make reasonable adjustments to enable their disabled employees to return to and retain employment even if their functional capacities are impaired.

An employer is required only to make adjustments that are ‘reasonable’ given all the circumstances. The following are example of what may be taken into account in determining what is reasonable:

• The practicality of making the adjustment
• The cost of the adjustment
• The employer's financial and other resources
• Availability of Government or charitable assistance

The employer's duty to make reasonable adjustments cannot be delegated to the employee or the employee's GP. However, suggestions from employees and/or their GP are important. But remember, it is for the employer to decide if these suggestions can be accommodated.

Ultimately it is for a tribunal (or court) to decide, after considering all the circumstances of the individual case, whether an adjustment would be reasonable. A GP should not, and cannot, decide whether an adjustment is reasonable for an employer to have to make or not.

Summary: The role of the Employer Employers are legally responsible for ensuring that discrimination does not occur in the workplace and this includes protecting employees from harassment because of their disability by third parties in the course of their employment Employers must not: Treat employees less favourably because of their disability Treat them in a detrimental way because of the consequences of their disability, unless the treatment can be justified Employers are required to make 'reasonable adjustment' to recruitment processes, work arrangements and the working environment for disabled people

Further advice for employers can be found at: www.dwp.gov.uk