Failure to Make Reasonable Adjustments

As an employer, you have a duty to make reasonable adjustments relating to a disability, even if the disabled person does not disclose why exactly these adjustments are needed.

In one specific case, AECOM Limited v Mallon, a candidate applied to the company and disclosed that they were suffering with dyspraxia. As a result of this condition, they struggled to fill out the online forms required for the application. They requested to have a phone call instead to submit their application orally.

AECOM responded in an email asking what specific part of the online form they were struggling with and offered to help with this, however, they did not receive a reply. They eventually offered the role to another applicant.

The claimant brought forth a claim to the employment tribunal for failure to make reasonable adjustments as they had refused to allow them to submit their job application orally. The claimant was successful, as the employment tribunal agreed that the fact that the claimant had stated that they were struggling to complete the task should have been enough for the employer to make reasonable adjustments.

Despite the fact that the claimant failed to reply to their emails with clarifying questions, they should have called them and allowed them to apply orally.

If an applicant or employee discloses to you that they are struggling with a task due to a disability, and suggests an adjustment to aid them with this task, you are required to consider this adjustment and implement it if reasonably practicable.