19 August 2019
Section 20 of the Equality Act 2010 outlines that when a provision, criterion or practice by an employer places a disabled employee at a substantial disadvantage in comparison with a non-disabled employee, it must take such steps as are reasonable to avoid this disadvantage. This duty will not be breached unless an employer fails to make an adjustment which is “reasonable”.
When considering what is “reasonable” the Court of Appeal has previously held in the case of Smith v Churchill’s Stairlifts plc  IRLR 41 that the test is objective and should be determined by the tribunal. As long as the particular adjustment selected by the employer is reasonable, it will have discharged its duty.