The UK is not unique in this respect, as the same situation is found in the EU and international law. There was, however, surprisingly little discussion of such a possibility in the lead up to the Equality Act. Such a discussion might have been helpful in identifying whether disadvantages often associated with other protected characteristics require the flexibility of response of a reasonable adjustment duty or can be more effectively tackled through specific schemes such as those applying to flexible working and parental leave.
In this article, Lawson is such a supporter of the concept that she campaigns for its existence in other protected characteristics such as religion.
This is because failing to comply with the duty to make reasonable adjustments is a form of discrimination in Employment law and the same cannot be said for other protected characteristics. On this viewpoint, it is strongly suggested that disabled people face higher protection than others in this regard. From an objective perspective, the legal duty on employees to make reasonable adjustments for disabled workers has resulted in an increase in the number of disabled people in employment.
This can be viewed as a positive step forward in support of disabled people in the workplace. Yet this has occurred with at the same time as an increase in the number of disability discrimination claims. Given the high number of claims, it is at least arguable that reform of the law is required to provide stronger deterrence against disability discrimination.
Case Law The case law in this area is interesting and provides valuable assistance in examining whether or not adjustments have eliminated discrimination and inequality of opportunity faced by disabled individuals. The case of Wilson v DWP provides a useful insight into the attitudes of the Tribunal and the way that disability discrimination law has developed, as the Tribunal was seen to be making a substantial award as a mark of deterrence.
The Tribunal in Nottinghamshire County Council v Miekle echoed this, where the employee was awarded full sick pay for her leave of absence from work. Therefore, this should provide sufficient protection for disabled people from discrimination in the work place.
Although, successful cases against employers have been found in cases, such as Burke v Clinton Cards. In this case, a female employee was diagnosed with cancer and despite her employer being aware of her condition, she received an increased workload and the work was not suitable for her.
The Tribunal found that her employer had not complied with their legal duty to provide reasonable adjustments, such as a lighter workload or job duties more suitable to her condition.
Both of these measures could have been easily implemented and it only highlights the lack of action by the employer. This shows that the Tribunals are willing to find actions of disability discrimination and are doing their part to significantly reduce disability discrimination at work.
In the case of Chief Constable of South Yorkshire police v Jelic, the Employment Appeals Tribunal upheld the ruling by the trial Tribunal that the employer had failed to make reasonable adjustments for the disabled employee. Job sharing and allocating of responsibilities is an important delegation decision for the employer and the Tribunal views it as a reasonable action to take in the circumstances views it.
The relatively simple nature of such an action is arguably strong evidence of the continual presence of discrimination against disabled people by employers. The fact that it is against the law to do so does not appear to be an adequate deterrent against discriminatory behaviour.
In the media, there have been a couple of high profile cases involving disabled people and the lack of reasonable adjustments.
The woman had had her arm amputated and as a result, the employer said it was not a sight that customers should have to see whilst they were shopping. Instead, of making reasonable adjustments to accommodate this, the female employee was sent to the stockroom. The Tribunal and most reading the case were appalled with the behaviour and attitude of the employer.
This was reflected in the award the Tribunal provided to the employee. The high profile nature of such claims should act as sufficient deterrence but this case shows that it has been successful at this.
Therefore, more is required in order to reduce discriminatory actions against disabled work to allow everyone to be treated equally at work. Conclusion The statute provides that the employer has an important duty to take reasonable practicable steps to ensure that their employees are protected from any risk of harm. This is extended when the situation concerns disabled people as employers must go one step further to make sure that the work and their work premises do not prohibit their ability to do their job.
On the face of it, it is clear that the duty to make reasonable adjustments has, to some extent, eliminated discrimination and inequality of opportunity faced by disabled individuals. European Working Time Directive The European Working Time Directive was set up in to manage the amount of hours a single person can work in a week. It also gives workers the right to minimum holiday allowance each year, rest breaks when they work over a period of consecutive hours and a rest of at least 11 hours every 24 hours.
The European Working Time Directive was set up in order to stop employers from taking advantage of their workers and making them working unreasonable hours and for ridiculous amounts of time without breaks. The maximum that a worker can work is up to 48 hours per week under the legislation. It was also set up to settle disputes regarding equal pay and to make provision for trade unions to support workers who feel as though they are being treated unfairly.
The Employment Act of was amended in to include provisions for the minimum wage and the Employment Act also reinforced dismissal practices of employees. It stated that if employers did not follow correct procedures when dismissing their employees then the dismissal would automatically be classed as unfair.
This Act was put in place to stop employers dismissing their employees over nothing and provided employees with more job security. National Minimum Wage The national minimum wage depends on how old you are and whether or not you are currently an apprentice or not. The national minimum wage was set up to stop employers exploiting their workers by paying them next to nothing. The act was set up to ensure that all personal information is kept private and confidential and is only seen on a need-to-know basis.
Date s of Exhibition. Example: Fearless Foxes [Exhibition]. To refer to a specific exhibition label or text panel, give the title of the label or panel in single speech marks, then 'in', then the full reference for the exhibition.
Day month. Dunn, A. University of Leicester, 1 October. Module code: module title. Available at: web address of Blackboard Accessed: day month year. Location and date of conference.
Place of publication: Publisher, pages. Paris, C. Lugano, Switzerland, February. Vienna: Springer, pp. Full conference proceedings: Gretzel, U. Vienna: Springer. Twitter Thorpe, I. Theses Print: Steele, H.
Unpublished PhD thesis. Swansea University. Electronic: Lee, M. PhD thesis. University of Leicester. In-text citations for legal materials When writing about legislation, either use the short title in italics if it occurs naturally in the sentence, or cite the short title in italics in brackets at the end of the sentence e. Equality Act If you pinpointing to a section or regulation, then add the abbreviation s.
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Parliamentary papers Parliament. HL Bill: Equality Bill House of Commons Bill no. Parliamentary Debates Hansard : Blair, A.
Bibliographies The bibliography at the end of a document should be listed in alphabetical order according to author's surname. Where the electronic article is in HTML and there are no page numbers, replace the page numbers with the web address of the article and the date you accessed it. Yet this has occurred with at the same time as an increase in the number of disability discrimination claims. Pamphlets Follow the rules for print books. By allowing disabled people the option of flexible working hours and by granting them leave of absence for medical appointments etc, employers would be satisfying their legal duty of reasonable adjustments.
European Working Time Directive The European Working Time Directive was set up in to manage the amount of hours a single person can work in a week. The Tribunal rejected this reasoning and decided that the company had not made a sensible consideration for the reasonable adjustments, including the fact that the Government provided support for work initiatives and, on this basis, they were successfully sued for disability discrimination. An ethical issue that is common in the workplace would be regarding doing personal jobs while on the clock or using a work computer, printer or copier for anything other than work purposes. It is common sense that a bigger company with more disposable income will be expected to have contributed more to the reasonable adjustments than a smaller company. This was a discrimination claim and the House of Lords held that there had been a failure by the employer to make reasonable adjustments. National Minimum Wage The national minimum wage depends on how old you are and whether or not you are currently an apprentice or not.
Swansea University. Pears, R. London: Sage, pp. Citations Within the Text In- text citations with an author The author's surname and the year of publication can be given in one of the forms shown below: If the author's name occurs naturally in the sentence the year is given in brackets, for example: In a recent study Chakraborti argued that
In-text citations for legal materials When writing about legislation, either use the short title in italics if it occurs naturally in the sentence, or cite the short title in italics in brackets at the end of the sentence e. On this viewpoint, it is strongly suggested that disabled people face higher protection than others in this regard. Yet this has occurred with at the same time as an increase in the number of disability discrimination claims. Under the Equality Act , someone is classed as disabled if they have a physical or mental impairment which has an effect on their ability to carry out normal day-to-day activities.
Opportunities should always be equal for both genders and they should both have the same chance when it comes to going for a job. Web pages with corporate authors: Met Office A global perspective on the recent storms and floods in the UK. When is a reasonable adjustment not reasonable? If pinpointing to a page or paragraph in the law report, then add the abbreviation p.
Podcast The rules for podcasts are: Presenter Year the site the podcast sits on was published or last updated Title [Podcast]. The Act requires employers to make reasonable adjustments to their work surroundings if they are inviting someone with a disability into their workplace for an interview or for employment. The equality Act prevents this from occurring and requires all employers to pay their staff the same about without putting their gender into consideration. When writing about case law, use the case name in 'one inverted comma' and the date in brackets e. Ancient texts printed Reference the edition you have read: Virgil The Aeneid.