What do we mean by “reasonable”?
There is no set definition of ‘reasonable’. An occupational health assessment gives the employer a clear guideline of what may be considered reasonable. Various factors influence whether a particular adjustment is considered reasonable. It is mainly an objective test and not simply a matter of what you may personally think is reasonable. Your overall aim should be, as far as possible, to remove or reduce any disadvantage faced by a disabled worker.
Things to consider when deciding whether an adjustment is “reasonable”:
• How effective the change will be in avoiding the disadvantage the disabled worker would otherwise experience: The adjustment must be effective in helping to remove or reduce any disadvantage the disabled worker is facing. If it doesn't have any impact then there is no point. In reality it may take several different adjustments to deal with that disadvantage but each change must contribute towards this.
• Its practicality: You can consider whether an adjustment is practical. The easier an adjustment is, the more likely it is to be reasonable. However, just because something is difficult doesn’t mean it can’t also be reasonable. You need to balance this against other factors.
• The cost: If an adjustment costs little or nothing and is not disruptive, it would be reasonable unless some other factor (such as impracticality or lack of effectiveness) made it unreasonable.
• Your organisation’s resources and size: Your size and resources are another factor. If an adjustment costs a significant amount, it is more likely to be reasonable for you to make it if you have substantial financial resources. Your resources must be looked at across your whole organisation, not just for the branch or section where the disabled person is or would be working. This is an issue which you have to balance against the other factors.
• The availability of financial or other support: If advice or support is available, for example, from Access to Work or from another organisation (sometimes charities will help with costs of adjustments), then this is more likely to make the adjustment reasonable.
What is reasonable in one situation may be different from what is reasonable in another situation, such as where someone is already working for you and faces losing their job without an adjustment, or where someone is a job applicant. Where someone is already working for you, or about to start a long-term job with you, you would probably be expected to make more permanent changes (and, if necessary, spend more money) than you would to make adjustments for someone who is attending a job interview for an hour.
In changing policies, criteria or practices, you do not have to change the basic nature of the job, where this would go beyond what is reasonable.
If there is a disagreement about whether an adjustment is reasonable or not, in the end, only an Employment Tribunal can decide this.
