failure to make reasonable adjustments compensation, also known as disability discrimination compensation, is a term used to describe the financial compensation that an individual may receive if they have been discriminated against due to a failure to make reasonable adjustments in the workplace. This compensation is designed to help offset the financial losses and emotional distress that can result from such discrimination.
Reasonable adjustments are changes that an employer must make to ensure that a disabled employee can perform their job on an equal footing with non-disabled colleagues. These adjustments can include things like providing additional support, making changes to the physical work environment, or altering work schedules. Failure to make these adjustments can put disabled employees at a significant disadvantage, and can be considered a form of discrimination.
In order to qualify for failure to make reasonable adjustments compensation, an individual must be able to prove that they have a disability as defined by the Equality Act 2010. This includes physical or mental impairments that have a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. Once it has been established that an individual has a disability, they must then demonstrate that their employer failed to make reasonable adjustments to accommodate their needs.
There are a number of factors that can affect the amount of compensation that an individual may receive as a result of failure to make reasonable adjustments. These can include the severity of the discrimination, the financial losses incurred as a result of the discrimination, and the impact that it has had on the individual’s mental health and well-being. In some cases, compensation may also be awarded for injury to feelings, which is intended to reflect the emotional distress caused by the discrimination.
When seeking failure to make reasonable adjustments compensation, it is important to gather evidence to support your claim. This may include documentation of any requests for adjustments that were made to your employer, as well as evidence of any negative impact that the failure to make these adjustments has had on your work and well-being. It can also be helpful to seek legal advice from a specialist discrimination lawyer, who can provide guidance on the best course of action to take.
In some cases, it may be possible to resolve the issue of failure to make reasonable adjustments through informal means, such as through mediation or conciliation. However, if these efforts are unsuccessful, it may be necessary to pursue a claim through an employment tribunal. It is important to note that there are strict time limits for bringing a claim of this nature, so it is advisable to seek legal advice as soon as possible if you believe that you have been discriminated against.
If your claim is successful, the amount of compensation that you receive will be determined by the employment tribunal. This can include an award for financial losses such as loss of earnings or costs associated with seeking alternative employment. In addition, compensation may also be awarded for injury to feelings, with the amount varying depending on the severity of the discrimination and its impact on the individual.
Overall, failure to make reasonable adjustments compensation is an important tool for addressing disability discrimination in the workplace. By holding employers accountable for failing to make the necessary adjustments to accommodate disabled employees, this compensation can help to ensure that all individuals are able to work in a fair and inclusive environment. If you believe that you have been discriminated against due to a failure to make reasonable adjustments, it is important to seek legal advice and explore your options for seeking compensation.