New legal test for when employers must make ‘reasonable adjustments’ for disability

Unlike other types of discrimination, disability can be complicated by the fact that an employer may not know an employee is disabled, particuarly if the disability involves a mental health condition. Section 4A(1) of the Disability Discrimination Act 1995 sets out when there is a duty on employers to make “reasonable adjustments” to work or work premises. This occurs where a provision, criterion or practice (applied by or on behalf of an employer) or any physical feature of premises occupied by the employer places a disabled person at a substantial disadvantage compared with those not disabled.