Employer’s failure to make reasonable adjustments results in £50k settlement

In February 2024, the Department of Agriculture, Environment and Rural Affairs (DAERA) settled a claim, without admission of liability, in the sum of £50,000.00.

Mr Morrow, the Claimant, worked as a park ranger at Crawfordsburn Country Park, through an agency, for approximately three and a half years.

Mr Morrow has moderate to severe hearing loss. He wears hearing aids in both ears. He relied on reading facial expressions and body language to communicate effectively.

Permanent park ranger jobs were advertised during his time working at Crawfordsburn Country Park.  Mr Morrow applied for a position and indicated on his application form that he had a disability.  Before his interview Mr Morrow said that he asked a manager if it was possible for him to have the interview questions in front of him in written form during the interview. This would have greatly helped him to hear the interview questions and then answer them without having to ask for them to be repeated.  This request was immediately refused. He also emailed the Human Resources department and asked them to ensure that all the panel members were aware of his disability.

Mr Morrow was interviewed for the role, although the panel members were seated behind a screen some fifteen feet away, hindering his communication. The panel members did not ask if he needed any adjustments.

In total, 15 park rangers were appointed but Mr Morrow was not one of them. Mr Morrow was not successful in his application and feedback afterwards suggested he had “asked for multiple repetitions of questions, which meant the meeting ran over time”. Mr Morrow found hearing very difficult in this environment. The interview panel members did not ask him if he needed any adjustments with the interview.

The case was settled without any admission of liability.

As part of the settlement, DAERA, in conjunction with the Department of Finance, has undertaken to liaise with the Equality Commission to review its policies, practices and procedures.

Reasonable Adjustments

It is essential that employers carefully consider all recommendations made by employees, potential candidates and Occupational Health and communicate with the person with a disability to ensure they understand their needs.

Employers have a duty and responsibility to make changes to ensure any staff with a disability do not feel at a disadvantage at work. Making a small reasonable adjustment can make a significant difference for an employee.

It is important for the employer to initially speak with the person with a disability about the adjustments they may require.

What are Reasonable Adjustments?

Reasonable adjustments fall under the Disability Discrimination Act 1995. Employers and service providers are bound by a legal duty to consider them when it comes to recruitment practices and the workplace. An employer has a duty to ensure that a disabled employee can access jobs and workplaces as easily as non-disabled employees. Reasonable adjustments do not always have to be multi-step, complex arrangements.

A reasonable adjustment can involve the following:

• Access to the building or premises;
• Changing the way information is given;
• Providing auxiliary aids to a person with hearing difficulties to make it easier for them to do their job;
• Making changes to the physical features of the premises, such as building wheelchair ramps;
• Making changes to the physical features of someone’s working desk, such as providing equipment to help with arthritis;
• Holding job interviews on the ground floor for applicants who use a wheelchair;
• Altering working hours to allow for medical appointments;
• Allowing a gradual return to work for a person who has been absent on long-term sick leave.

When do employers have to consider reasonable adjustments?

There are certain circumstances where employers must think about providing changes to support anyone with disabilities, for example:

• When they are made aware or are already aware of a job applicant or employee that has a disability;
• When an employee or job applicant makes a request for an adjustment to be made;
• When a disabled employee is having difficulty with any part of their job.

Do employers always have to make reasonable adjustments?

Although an employer has a duty to make changes where required and cover the cost, they only need to make changes that are reasonable. If you’re unsure whether or not you must make an adjustment, you should seek legal advice.

How to ensure an employer gets adjustments right

• Record all adjustments made;
• Create clear workplace policies
• Communicate with employees
• Provide training

This article has been produced for general information purposes and further advice should be sought from a professional advisor. Please contact our Employment team at Cleaver Fulton Rankin for further advice or information.

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