Implementing reasonable adjustments.
An employment tribunal awarded a disabled worker £45,000. This case of an employee of a large GP practice contained a conclusion of unfair dismissal after the employee resigned due to adjustments not being made. It highlights the need for employers to take control of implementing reasonable adjustments, reviewing the effectiveness and resolving issues. The requirement to make reasonable adjustments lies with the employer not the employee.
The details are that the claimant was found to be disabled from limitations from carpal tunnel syndrome and repetitive strain injury (RSI) to her wrists. She was found to be treated unfavourably because of something arising from her disability. The claimant was requested to complete job tasks that she would struggle with due to pain from the disability such as typing. She repeatedly asked for voice recognition software to be installed on her computer and an occupational health report (interestingly this one was a self-referral to occupational health not employer referred) supported this request. The claimant took it upon herself to source suitable software and training on its use. She also investigated Access to Work financial support for the cost of the software. The employer provided her with an alternative keyboard (also requested by the claimant and supported by occupational health). She asked the employer for assistance to provide the software, the employer encouraged her to continue with the process. The claimant had a period of sickness absence, another occupational health report was received which advised voice recognition software. On return to work the software had not been purchased and she was continuing to do typing, with other adjustments implemented; reduced workloads and extra breaks. The software & training purchase, supply of software was achieved but on application and early stages of training, problems emerged as the wrong software had been supplied. The resolving actions for this were protracted, complicated and lead by the claimant. She did not receive the full training to use the software and was expected to continue in her duties. The claimant submitted a grievance which included the issues connecting with the software provision. Employer outcome of investigations into the grievance concluded that there was nothing more that the employer could have done to support her. The claimant then resigned.
