In the world of employment law, there is a fundamental principle that all employers must adhere to: the duty to make reasonable adjustments for employees with disabilities. This duty arises under the Equality Act 2010 in the United Kingdom, and it requires employers to take certain steps to ensure that employees with disabilities are not put at a substantial disadvantage in the workplace.
Failure to make reasonable adjustments can have serious consequences for both the employer and the employee. Not only can it impact the employee’s ability to perform their job effectively, but it can also result in a breach of the law, which may lead to compensation being awarded to the employee.
One of the key issues that arises in cases of failure to make reasonable adjustments is compensation. Employees who have been subjected to a failure to make reasonable adjustments may be entitled to compensation for the losses they have suffered as a result of the employer’s failure to comply with their duty.
The amount of compensation that can be awarded in cases of failure to make reasonable adjustments will vary depending on the circumstances of the case. The purpose of compensation is to put the employee back in the position they would have been in if the failure to make reasonable adjustments had not occurred. This can include compensation for financial loss, such as loss of earnings, as well as compensation for injury to feelings.
In cases where an employee has been subjected to a failure to make reasonable adjustments, they may be able to bring a claim for compensation in an employment tribunal. In order to succeed in a claim for failure to make reasonable adjustments compensation, the employee will need to demonstrate that:
1. They have a disability as defined by the Equality Act 2010
2. They have been subjected to a failure to make reasonable adjustments by their employer
3. They have suffered losses as a result of the failure to make reasonable adjustments
4. The losses were reasonably foreseeable
If an employee is successful in their claim for failure to make reasonable adjustments compensation, the employment tribunal has the power to award compensation to the employee. This compensation can include both financial compensation and compensation for injury to feelings.
Financial compensation in cases of failure to make reasonable adjustments may include compensation for loss of earnings, loss of pension entitlements, and other financial losses that the employee has suffered as a result of the employer’s failure to make reasonable adjustments. The amount of financial compensation awarded will depend on the losses that the employee has suffered and the impact that the failure to make reasonable adjustments has had on their employment.
In addition to financial compensation, the employment tribunal may also award compensation for injury to feelings. This type of compensation is intended to reflect the emotional harm that the employee has suffered as a result of the failure to make reasonable adjustments. The amount of compensation awarded for injury to feelings will depend on the severity of the impact that the failure to make reasonable adjustments has had on the employee.
It is important to note that the purpose of compensation in cases of failure to make reasonable adjustments is not to punish the employer, but rather to compensate the employee for the losses that they have suffered. Compensation is intended to put the employee back in the position they would have been in if the failure to make reasonable adjustments had not occurred.
In conclusion, failure to make reasonable adjustments can have serious consequences for both employers and employees. Employers have a duty under the Equality Act 2010 to make reasonable adjustments for employees with disabilities, and failure to do so can result in compensation being awarded to the employee. Employees who have been subjected to a failure to make reasonable adjustments may be entitled to financial compensation as well as compensation for injury to feelings. It is essential for employers to understand their duties under the Equality Act and to take steps to ensure that they are making reasonable adjustments for employees with disabilities to avoid potential claims for compensation in the future.