Part 5 of the Equality Act places duties on employers, regardless of the size of the organisation. Click on the headings below to find out more.

What does the Equality Act require employers to do?

Employers must not discriminate against a person because of a protected characteristic, such as disability, or victimise someone:

• in the arrangements for deciding to whom to offer employment
• by not offering them employment
• in the terms of employment
• in access to benefits such as opportunities for promotion, transfer or training
• by dismissing them
• by otherwise treating them less favourably

The Equality Act makes it clear that it is unlawful to ask questions relating to health or disability before making an offer of employment, except in very limited circumstances.

Employers also have a duty to make reasonable adjustments to assist disabled employees or applicants for employment, where they are at a 'substantial disadvantage'. Unlike Part 3 of the Equality Act, which relates to service, there is no general or anticipatory duty under Part 5 to make provision for disabled people – it is a reactive duty. In effect, this means that employers need to consider what adjustments they can make for employees and potential employees on a case-by-case basis.

How can employers meet their duties?

One way employers can meet their duties is by making ‘reasonable adjustments’ in three main areas:

• provisions, criteria and practices
• overcoming barriers created by physical features of premises
• the provision of auxiliary aids and services

The duty of provision of a reasonable adjustment is triggered when an individual disabled person applies for a job, is taken on as an employee, or it becomes apparent that an existing disabled employee requires some form of adjustment.

Reasonable adjustments for individual employees may include:

• widening a doorway
• providing a ramp
• moving furniture
• relocating light switches
• replacing door handles
• relocating shelves
• providing adequate visual contrast

What is ‘reasonable’?

The Equality Act states that employers are required to make reasonable adjustments to ensure that disabled employees are not put at a substantial disadvantage.

What is ‘reasonable’ can only determined by the courts.  However, while the Equality Act guidance has yet to stipulate what may be considered 'reasonable', the Code of Practice for services under the Disability Discrimination Act (DDA) set out the following points to consider:

• the effectiveness of the adjustment
• the practicality of making the adjustment
• the financial cost of the adjustment
• the extent of disruption
• the financial and other resources of the service provider
• the amount of resources already spent
• the availability of financial and other assistance

Therefore what is deemed reasonable for one employer may not necessarily be reasonable for another.

For further guidance on the duties on employers under the Equality Act, refer to the guidance available from the Equality and Human Rights Commission.