(Latest version March 2006)
Bath and North East Somerset Council’s duties under DDA
It is the Council’s duty under Disability Discrimination Act
1995 to consider the provision of reasonable adjustment(s) in the
workplace for any disabled employee. (The term ‘reasonable’
is, as yet, unclear. It is the responsibility of the employing
organisation to decide on the reasonableness of any
adjustment).
When can a request for Reasonable Adjustments be made?
An Employee or potential Employee can make a request for
adjustments at different stages of their involvement with Bath
& North East Somerset Council. It could be on their Medical
Disclosure Form, following a change in an existing disability or as
an unexpected request where they have a disability that hasn’t been
previously disclosed but where they find that they are now having
difficulties.
As soon as the request for adjustments is made an Employee or
potential Employee who is covered the Disability Discrimination Act
1995, we have to provide adjustments if they are reasonable. It is
important that the assessment of what is reasonable is thorough as
getting it wrong and refusing an adjustment that the employee or
potential employee can later show was reasonable could leave the
Council (and the staff involved) open to legal action.
To help Managers get all the information needed to be able to
make a decision on the requested adjustments, an application form
has been developed (see
Appendix 1: Reasonable Adjustment Application Form).
What is the Reasonable Adjustment Process?
This process has been outlined in a flow chart (see
Appendix 3). The process begins when an employee or
potential employee makes a request for a Reasonable
Adjustment. Whoever receives the request for an adjustment
from a disabled employee or potential employee is responsible for
the start of the process. They will record on the Reasonable
Adjustment Application Form (
Appendix 1) the date the request for adjustments was received,
the adjustments requested and identify the most appropriate person
to consider the provision of the adjustment(s). That is most likely
to be the relevant Line Manager. Once the relevant person has been
identified the person receiving the request for adjustments will
pass the Reasonable Adjustment Application Form to that person and
send copies to the employee/potential employee, HR and Occupational
Health.
The Line Manager (or other identified relevant person) will then
arrange to meet with the employee/potential employee to gather the
information needed in order to make a decision on the requested
adjustments. It may be that they need to seek advice from HR, OH or
Access to Work and the dates that this advice is sought should be
recorded so that any delays in the decision can be explained.
Once all the relevant information is available, the Line Manager
will complete a report based on the Reasonable Adjustment
Application Form (see
Appendix 1) and in that, state what their decision is, how they
have reached this decision, and that they consider this decision to
be reasonable. They will then discuss this with the
employee/potential employee and ask if they accept the decision.
The employee/potential employee will sign the report form to show
if they either agree or disagree with the decision and copies of
the report must be passed to HR.
If the employee agrees, the Line Manager will go ahead and
arrange for the adjustments to be made. If the employee is not able
to agree the decision they should be referred to the Reasonable
Adjustment Panel.
The Reasonable Adjustment Panel
The panel could comprise the following:
- Occupational Health
- Human Resources (Corporate or from the relevant Service
area)
- Trade Unions
- The employee requiring reasonable adjustment and her/his
manager would also attend.
Plus, on a call-in needs led basis:
- Property/strategic landlord
- Information Technology
- Health & Safety
- And any other officer or consultant with specialist
knowledge.
The Reasonable Adjustments Panel should follow the format laid
down in the Reasonable Adjustment Panel Report Pro-forma –
(see
Appendix 2)
Reasonable Adjustment Panel - role and purpose
The role of the Reasonable Adjustment Panel is to establish if a
proper assessment of the adjustments required for a disabled
employee/potential employee has been made. Panels must
prepare a report covering all of the questions raised in sections 1
– 8 of the Report Pro-Forma (see
Appendix 2).
Once the panel has made and recorded its decision, this must be
discussed with the employee/potential employee. This
discussion with the employee should be recorded, along with whether
or not the employee agrees with the decision made. If the
employee does not agree, they have the opportunity to raise this
matter through the Grievance Procedure (if they are an existing
Employee). The Employee/Potential Employee must be given a copy of
the completed report and decision.