Scots law matters: Reasonable Adjustments
In this issue of Scots Law Matters, Employment solicitor, Sarah Gilzean explains what adjustments employees with specific needs might reasonably expect from their employers.
"I have recently been diagnosed with ADHD and have just been offered a new job. I may need some additional support. What can I expect from my employer? "
The prospect of starting a new job can be an equally exciting and daunting time.
Under the Equality Act 2010, employers in the UK are legally obliged to make reasonable adjustments for employees who have a disability as defined under the Act. Employees with ADHD are usually protected from discrimination by the Act.
Reasonable adjustments can include changes to an employee’s role or working environment, in order to reduce the impact of their condition on their ability to do well at work.
Employers should consider all reasonable adjustment requests but are only required to implement adjustments that are deemed ‘reasonable’. Many factors such as resources available to the employer, the cost implications and practicality of making an adjustment may be relevant in deciding what is reasonable.
If you want to ask for reasonable adjustments to be made, you will need to share information about your ADHD and how it affects you with your new employer. You should wait until you have a formal written job offer before submitting any requests.
What adjustments are required will depend on your specific needs and the role you will be carrying out. Although the responsibility is not on you to suggest specific adjustments, if there is something that you know will assist you, you should make a request and explain clearly what changes you are asking for, how they will help you to do your job and make it clear that you are asking for them to be considered as a ‘reasonable adjustment’. You may also be advised to put your request in writing.
Whatever you are going through, a trusted Scottish solicitor can help. To find a solicitor in your area visit our online Find-a-Solicitor tool at www.findasolicitor.org.uk.
This is not definitive legal advice and you should seek legal advice on your own particular circumstances.
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