Failure to Make Reasonable Adjustments Particulars of Claim Writing Service
If you are a disabled job applicant, employee, or former employee who has been put at a substantial disadvantage by your employer's failure to make reasonable adjustments, our dedicated service can help you draft comprehensive and legally sound Particulars of Claim for submission to the Employment Tribunal in England, Scotland, and Wales, under the Equality Act 2010.
Understanding the Duty to Make Reasonable Adjustments
The Equality Act 2010 places a duty on employers to make reasonable adjustments for disabled individuals in certain circumstances. This duty arises when a disabled person is placed at a "substantial disadvantage" compared to non-disabled persons due to:
A provision, criterion or practice (PCP) applied by the employer. This can include formal policies, informal rules, arrangements, or even one-off decisions.
A physical feature of the employer's premises.
A failure to provide an auxiliary aid or service.
The employer must know or ought reasonably to know that the individual is disabled and likely to be placed at a substantial disadvantage.
What are Particulars of Claim?
Particulars of Claim are a fundamental legal document that outlines the full details of your claim. This document is submitted to the Employment Tribunal (usually as part of the ET1 form) and must clearly articulate:
Identification of the PCP, physical feature, or lack of auxiliary aid/service: Clearly define what aspect of the employer's practice, premises, or lack of provision caused the disadvantage.
Nature of your disability: Explain how your condition meets the legal definition of disability under the Equality Act 2010.
Substantial disadvantage: Detail how the PCP, physical feature, or lack of auxiliary aid/service placed you at a "substantial disadvantage" (more than minor or trivial) compared to non-disabled persons.
Employer's knowledge: Demonstrate that the employer knew or should have reasonably known about your disability and the substantial disadvantage.
Proposed reasonable adjustments: Specify the adjustments you believe the employer should have made to avoid or reduce the disadvantage.
Impact of the failure: Describe the personal and professional impact of the employer's failure to make these adjustments on you.
Desired remedies: Outline the compensation (e.g., for financial loss, injury to feelings) or other remedies (e.g., recommendations) you are seeking.
A well-drafted Particulars of Claim is crucial, as it forms the bedrock of your legal case.
Our Service Includes:
Our service is dedicated to meticulously drafting your Particulars of Claim, ensuring it is:
Legally Robust: Compliant with the Equality Act 2010 and Employment Tribunal procedural rules.
Detailed and Accurate: Including all pertinent facts, dates, and the specific impact of the employer's failure.
Clear and Persuasive: Presenting your case in a logical, understandable, and compelling manner.
Personalised: Reflecting the unique circumstances of your situation and the specific disadvantages you faced.
We will collaborate closely with you to gather all necessary information, including:
Detailed accounts of the circumstances leading to the claim, including specific incidents or policies.
Medical evidence or reports related to your disability and its impact.
Correspondence with your employer regarding your disability or requests for adjustments.
Witness information (if applicable).
Any relevant internal documents (e.g., HR policies, occupational health reports).
Statements outlining the personal, professional, and financial impact of the employer's failure.
Key Considerations for Your Claim
When pursuing a claim for failure to make reasonable adjustments, it's important to understand these key legal points:
Who is Protected? The duty protects disabled job applicants, current employees, and in some circumstances, former employees.
"Substantial Disadvantage": This means "more than minor or trivial." You must demonstrate that the employer's PCP, physical feature, or lack of auxiliary aid/service put you at a greater disadvantage compared to non-disabled individuals.
Employer's Knowledge: The employer must have known, or reasonably ought to have known, that you were disabled and that you were likely to be placed at a substantial disadvantage. This can include information from occupational health or other employees.
Examples of Adjustments: Potential adjustments are wide-ranging and can include:
Modifying premises (e.g., ramps, wider doorways).
Altering duties, working hours, or place of work (e.g., flexible hours, home working, transferring some duties).
Providing auxiliary aids or services (e.g., adapted equipment, sign language interpreters, support workers).
Modifying policies or procedures (e.g., adjusting sickness absence policies, adapting disciplinary processes, changing redundancy selection criteria).
Transferring to a new role, even if it's at a higher grade or without competitive interview, if it's a reasonable step.
Reasonableness: The Employment Tribunal will objectively determine if a proposed adjustment was "reasonable." Factors considered include the effectiveness of the adjustment in alleviating the disadvantage, its cost, the employer's resources, and the impact on the workforce. An adjustment does not need to guarantee success to be considered reasonable.
Employer Bears the Cost: Employers are not entitled to require a disabled person to pay for the costs of reasonable adjustments.
Time Limits: A claim must generally be submitted within three months of the act (or omission) to which the complaint relates. However, time can be extended if the conduct is "extending over a period" or if the tribunal considers it "just and equitable" to do so. Early conciliation through Acas is mandatory.
Burden of Proof: Once you establish a prima facie case (i.e., you were substantially disadvantaged and suggested a reasonable adjustment that would alleviate it), the burden shifts to the employer to prove that the proposed adjustment was not reasonable.
Remedies: If your claim is successful, the tribunal can order compensation for financial loss and injury to feelings, and may make recommendations for the employer to take specific steps.
How to Get Started
If you believe your employer has failed to make reasonable adjustments and you require assistance in drafting your Particulars of Claim, please request a call back to discuss your situation. We are here to guide you through this complex process and ensure your claim is presented accurately and effectively.
If you are a disabled job applicant, employee, or former employee who has been put at a substantial disadvantage by your employer's failure to make reasonable adjustments, our dedicated service can help you draft comprehensive and legally sound Particulars of Claim for submission to the Employment Tribunal in England, Scotland, and Wales, under the Equality Act 2010.
Understanding the Duty to Make Reasonable Adjustments
The Equality Act 2010 places a duty on employers to make reasonable adjustments for disabled individuals in certain circumstances. This duty arises when a disabled person is placed at a "substantial disadvantage" compared to non-disabled persons due to:
A provision, criterion or practice (PCP) applied by the employer. This can include formal policies, informal rules, arrangements, or even one-off decisions.
A physical feature of the employer's premises.
A failure to provide an auxiliary aid or service.
The employer must know or ought reasonably to know that the individual is disabled and likely to be placed at a substantial disadvantage.
What are Particulars of Claim?
Particulars of Claim are a fundamental legal document that outlines the full details of your claim. This document is submitted to the Employment Tribunal (usually as part of the ET1 form) and must clearly articulate:
Identification of the PCP, physical feature, or lack of auxiliary aid/service: Clearly define what aspect of the employer's practice, premises, or lack of provision caused the disadvantage.
Nature of your disability: Explain how your condition meets the legal definition of disability under the Equality Act 2010.
Substantial disadvantage: Detail how the PCP, physical feature, or lack of auxiliary aid/service placed you at a "substantial disadvantage" (more than minor or trivial) compared to non-disabled persons.
Employer's knowledge: Demonstrate that the employer knew or should have reasonably known about your disability and the substantial disadvantage.
Proposed reasonable adjustments: Specify the adjustments you believe the employer should have made to avoid or reduce the disadvantage.
Impact of the failure: Describe the personal and professional impact of the employer's failure to make these adjustments on you.
Desired remedies: Outline the compensation (e.g., for financial loss, injury to feelings) or other remedies (e.g., recommendations) you are seeking.
A well-drafted Particulars of Claim is crucial, as it forms the bedrock of your legal case.
Our Service Includes:
Our service is dedicated to meticulously drafting your Particulars of Claim, ensuring it is:
Legally Robust: Compliant with the Equality Act 2010 and Employment Tribunal procedural rules.
Detailed and Accurate: Including all pertinent facts, dates, and the specific impact of the employer's failure.
Clear and Persuasive: Presenting your case in a logical, understandable, and compelling manner.
Personalised: Reflecting the unique circumstances of your situation and the specific disadvantages you faced.
We will collaborate closely with you to gather all necessary information, including:
Detailed accounts of the circumstances leading to the claim, including specific incidents or policies.
Medical evidence or reports related to your disability and its impact.
Correspondence with your employer regarding your disability or requests for adjustments.
Witness information (if applicable).
Any relevant internal documents (e.g., HR policies, occupational health reports).
Statements outlining the personal, professional, and financial impact of the employer's failure.
Key Considerations for Your Claim
When pursuing a claim for failure to make reasonable adjustments, it's important to understand these key legal points:
Who is Protected? The duty protects disabled job applicants, current employees, and in some circumstances, former employees.
"Substantial Disadvantage": This means "more than minor or trivial." You must demonstrate that the employer's PCP, physical feature, or lack of auxiliary aid/service put you at a greater disadvantage compared to non-disabled individuals.
Employer's Knowledge: The employer must have known, or reasonably ought to have known, that you were disabled and that you were likely to be placed at a substantial disadvantage. This can include information from occupational health or other employees.
Examples of Adjustments: Potential adjustments are wide-ranging and can include:
Modifying premises (e.g., ramps, wider doorways).
Altering duties, working hours, or place of work (e.g., flexible hours, home working, transferring some duties).
Providing auxiliary aids or services (e.g., adapted equipment, sign language interpreters, support workers).
Modifying policies or procedures (e.g., adjusting sickness absence policies, adapting disciplinary processes, changing redundancy selection criteria).
Transferring to a new role, even if it's at a higher grade or without competitive interview, if it's a reasonable step.
Reasonableness: The Employment Tribunal will objectively determine if a proposed adjustment was "reasonable." Factors considered include the effectiveness of the adjustment in alleviating the disadvantage, its cost, the employer's resources, and the impact on the workforce. An adjustment does not need to guarantee success to be considered reasonable.
Employer Bears the Cost: Employers are not entitled to require a disabled person to pay for the costs of reasonable adjustments.
Time Limits: A claim must generally be submitted within three months of the act (or omission) to which the complaint relates. However, time can be extended if the conduct is "extending over a period" or if the tribunal considers it "just and equitable" to do so. Early conciliation through Acas is mandatory.
Burden of Proof: Once you establish a prima facie case (i.e., you were substantially disadvantaged and suggested a reasonable adjustment that would alleviate it), the burden shifts to the employer to prove that the proposed adjustment was not reasonable.
Remedies: If your claim is successful, the tribunal can order compensation for financial loss and injury to feelings, and may make recommendations for the employer to take specific steps.
How to Get Started
If you believe your employer has failed to make reasonable adjustments and you require assistance in drafting your Particulars of Claim, please request a call back to discuss your situation. We are here to guide you through this complex process and ensure your claim is presented accurately and effectively.
If you are a disabled job applicant, employee, or former employee who has been put at a substantial disadvantage by your employer's failure to make reasonable adjustments, our dedicated service can help you draft comprehensive and legally sound Particulars of Claim for submission to the Employment Tribunal in England, Scotland, and Wales, under the Equality Act 2010.
Understanding the Duty to Make Reasonable Adjustments
The Equality Act 2010 places a duty on employers to make reasonable adjustments for disabled individuals in certain circumstances. This duty arises when a disabled person is placed at a "substantial disadvantage" compared to non-disabled persons due to:
A provision, criterion or practice (PCP) applied by the employer. This can include formal policies, informal rules, arrangements, or even one-off decisions.
A physical feature of the employer's premises.
A failure to provide an auxiliary aid or service.
The employer must know or ought reasonably to know that the individual is disabled and likely to be placed at a substantial disadvantage.
What are Particulars of Claim?
Particulars of Claim are a fundamental legal document that outlines the full details of your claim. This document is submitted to the Employment Tribunal (usually as part of the ET1 form) and must clearly articulate:
Identification of the PCP, physical feature, or lack of auxiliary aid/service: Clearly define what aspect of the employer's practice, premises, or lack of provision caused the disadvantage.
Nature of your disability: Explain how your condition meets the legal definition of disability under the Equality Act 2010.
Substantial disadvantage: Detail how the PCP, physical feature, or lack of auxiliary aid/service placed you at a "substantial disadvantage" (more than minor or trivial) compared to non-disabled persons.
Employer's knowledge: Demonstrate that the employer knew or should have reasonably known about your disability and the substantial disadvantage.
Proposed reasonable adjustments: Specify the adjustments you believe the employer should have made to avoid or reduce the disadvantage.
Impact of the failure: Describe the personal and professional impact of the employer's failure to make these adjustments on you.
Desired remedies: Outline the compensation (e.g., for financial loss, injury to feelings) or other remedies (e.g., recommendations) you are seeking.
A well-drafted Particulars of Claim is crucial, as it forms the bedrock of your legal case.
Our Service Includes:
Our service is dedicated to meticulously drafting your Particulars of Claim, ensuring it is:
Legally Robust: Compliant with the Equality Act 2010 and Employment Tribunal procedural rules.
Detailed and Accurate: Including all pertinent facts, dates, and the specific impact of the employer's failure.
Clear and Persuasive: Presenting your case in a logical, understandable, and compelling manner.
Personalised: Reflecting the unique circumstances of your situation and the specific disadvantages you faced.
We will collaborate closely with you to gather all necessary information, including:
Detailed accounts of the circumstances leading to the claim, including specific incidents or policies.
Medical evidence or reports related to your disability and its impact.
Correspondence with your employer regarding your disability or requests for adjustments.
Witness information (if applicable).
Any relevant internal documents (e.g., HR policies, occupational health reports).
Statements outlining the personal, professional, and financial impact of the employer's failure.
Key Considerations for Your Claim
When pursuing a claim for failure to make reasonable adjustments, it's important to understand these key legal points:
Who is Protected? The duty protects disabled job applicants, current employees, and in some circumstances, former employees.
"Substantial Disadvantage": This means "more than minor or trivial." You must demonstrate that the employer's PCP, physical feature, or lack of auxiliary aid/service put you at a greater disadvantage compared to non-disabled individuals.
Employer's Knowledge: The employer must have known, or reasonably ought to have known, that you were disabled and that you were likely to be placed at a substantial disadvantage. This can include information from occupational health or other employees.
Examples of Adjustments: Potential adjustments are wide-ranging and can include:
Modifying premises (e.g., ramps, wider doorways).
Altering duties, working hours, or place of work (e.g., flexible hours, home working, transferring some duties).
Providing auxiliary aids or services (e.g., adapted equipment, sign language interpreters, support workers).
Modifying policies or procedures (e.g., adjusting sickness absence policies, adapting disciplinary processes, changing redundancy selection criteria).
Transferring to a new role, even if it's at a higher grade or without competitive interview, if it's a reasonable step.
Reasonableness: The Employment Tribunal will objectively determine if a proposed adjustment was "reasonable." Factors considered include the effectiveness of the adjustment in alleviating the disadvantage, its cost, the employer's resources, and the impact on the workforce. An adjustment does not need to guarantee success to be considered reasonable.
Employer Bears the Cost: Employers are not entitled to require a disabled person to pay for the costs of reasonable adjustments.
Time Limits: A claim must generally be submitted within three months of the act (or omission) to which the complaint relates. However, time can be extended if the conduct is "extending over a period" or if the tribunal considers it "just and equitable" to do so. Early conciliation through Acas is mandatory.
Burden of Proof: Once you establish a prima facie case (i.e., you were substantially disadvantaged and suggested a reasonable adjustment that would alleviate it), the burden shifts to the employer to prove that the proposed adjustment was not reasonable.
Remedies: If your claim is successful, the tribunal can order compensation for financial loss and injury to feelings, and may make recommendations for the employer to take specific steps.
How to Get Started
If you believe your employer has failed to make reasonable adjustments and you require assistance in drafting your Particulars of Claim, please request a call back to discuss your situation. We are here to guide you through this complex process and ensure your claim is presented accurately and effectively.