The obligation to make reasonable adjustments to accommodate disabled persons in the workplace is a key element of the Disability Discrimination Act 1995, but what are an employer's obligations where adjustments would have limited effectiveness on the employee?
This issue was considered in Secretary of State for Work and Pensions (Job Centre Plus) and others v Wilson.
W was an agoraphobic employee who requested to work from home. The nature of her work involved having to hold face-to-face meetings with the public as well as handling confidential files that others in the office needed to have access to, which could not effectively be done from home. Further, JCP had considered alternative work, at a more senior grade, which might not involve such responsibilities, but no such work was available.
W brought a claim alleging discrimination for their failure to make reasonable adjustments by refusing her request to work from home. However, the EAT held that when considering the steps to be taken by an employer in order to comply with a duty to make reasonable adjustments for an employee with a disability they should:
- firstly consider whether making the adjustment would overcome the disadvantage suffered by the disabled person
- only then go on to consider the other factors, such as whether it was practicable for the employer to take such steps or the associated cost.
Best Practice
This case reiterates an existing, but important principle that if an adjustment will not work to cure or limit the particular disadvantage(s) experienced by the disabled employee then regardless of the practicalities of making the adjustment, it will not be unreasonable to decline to make it.
Therefore when looking at reasonable adjustments, the practical effect of the adjustment should be remembered as the first consideration.
If you would like advice on reasonable adjustments or other DDA issues, please contact Gemma Cawthray on 0117 314 5266. 
This publication is for guidance only. Reliance should not be placed upon it and nor should action be taken, without obtaining advice in respect of the specific circumstances applicable. We will be pleased to provide such advice or assistance.
