Frequently Asked Questions
What is a reasonable adjustment?
A reasonable adjustment is an alteration that an employer could make that would enable a disabled person to continue to carry out their duties without being at a disadvantage compared to others. Under the Equality Act 2010, there is a legal duty on employers to make these reasonable adjustments for disabled employees.
How do I know if I am a disabled person according to the law?
The Equality Act 2010 says that a disability is a physical or mental impairment, which has a substantial and long-term adverse effect on your ability to carry out normal day- to-day activities. This definition includes impairments or medical conditions such as Cancer, HIV or MS.
What does a reasonable adjustment include?
A reasonable adjustment may include ‘provisions, criteria and practices’, ‘physical features’ and ‘provision of auxiliary aids’. The code of practice for (employment) for the Equality Act gives the following examples of reasonable adjustments:
- Making adjustments to premises.
- Allocating some of the disabled person’s duties to another person.
- Transferring them to fill an existing vacancy (see Redeployment Policy).
- Altering their working hours or shift pattern.
- Allowing absence for rehabilitation, absence or treatment.
- Arranging or giving extra training.
- Acquiring or modifying equipment.
- Modifying instructions or reference manuals.
- Modifying procedures for testing or assessment.
- Providing a reader or interpreter.
- Providing supervision.
What is the purpose of an adjustment?
The purpose of implementing an adjustment for you is to ensure that you are able to perform to the best of your ability. This applies to whether an adjustment is made during the recruitment process or in the workplace itself.
What type of support is available to me if I have a disability?
NHS Health Scotland offers a wide range of support to disabled members of staff. The extent of this support would be dependent on the needs and circumstances of the individual, who would be consulted on any reasonable adjustments that may need to be made. Two people with the same disability are not likely to need the same adjustments, as everyone is different, therefore adjustments would be made with a person-centred approach. In some cases, it may be possible to involve Access to Work, who are able to assess an individual within the workplace and recommend reasonable adjustments. These will not always be physical adjustments to the workplace. If you feel you require adjustments or any other type of support, please contact your line manager or HR representative.
What happens if my condition changes?
It is likely that your condition will change over time, and consequently your support needs. It is important that you continue to be open and honest about what you require and to engage in the relevant discussions to fulfil your role.
What is Access to Work?
Access to Work is a scheme, which is run by Jobcentre Plus. It can provide disabled people with financial support to help with increased costs for things such as travelling to work by taxi instead of using public transport, paying for a support worker, paying for specialized equipment or for physical alterations to the employer’s premises. Access to Work may also be able to help if a disabled person needs a communicator or BSL interpreter at a job interview.
Am I eligible for Access to Work?
If you are disabled and feel that you may need help through Access to Work you will need to be:
- already working in paid employment,
- unemployed and about to start a new job,
- unemployed and about to start a work trial, or
- self-employed.
Your impairment must stop or prevent you from being able to do parts of your job or the job you have applied for. It may be that your impairment does not have a big effect on what you can do every day but it must be a long-term effect rather than something short-term like a broken arm.
How do I contact Access to Work?
If you feel that your employment is likely to be affected by your impairment and that this impairment is likely to last for at least 12 months, you, your line manager or HR representative should contact either your regional Access to Work contact centre, https://www.gov.uk/government/publications/access-to-work-factsheet/access-to-work- factsheet-for-customers#how-to-claim 11 Apply online The quickest and easiest way to apply for Access to Work is online. You can also apply by calling the Access to Work helpline: Telephone: 0800 121 7479 Textphone: 0800 121 7579 Relay UK (if you cannot hear or speak on the phone): 18001 then 0800 121 7479 Monday to Friday, 9am to 5pm Find out about call charges British Sign Language (BSL) video relay service To use this you must: • first check you can use the service • go to the video relay service Monday to Friday, 9am to 5pm
What adjustments are NHS Health Scotland legally required to make for disabled candidates and employees?
An employer has a duty to make ‘reasonable adjustments’. What is deemed reasonable depends on the individual case and circumstances, including how necessary the adjustment is, how practical it is, and the financial or other resources of the organisation.
Who is responsible for implementing adjustments during the recruitment process?
Organising for adjustments to be made during the recruitment process is the responsibility of both the organisation and the individual. The organisation cannot be expected to guess what someone requires and the applicants cannot expect the organisation to guess what they need. Both parties have to communicate. The more open, honest and timely the communication, the more efficient the implementation process will be.
Do I have to tell my employer that I need an adjustment?
It is understandable that you may not wish to talk about the nature of your disability to your employers. However, in return, you must understand that it is difficult for your employers to provide what you need if you don’t tell them. Should you not wish to disclose the nature of you disability you could instead only discuss the impact of your condition on your ability to undertake the role. Whilst employers would encourage you to share so that maximum support can be offered, there is no obligation on you to disclose either the nature of your condition or its impact.
Who pays?
The law forbids the employer from making a disabled worker pay for any of these adjustments, and financial assistance may be available from the Government for the employer under Access to Work funding if the disabled person qualifies for it.
