Reasonable adjustment update – quiet place to work
A recent employment tribunal case highlights that failing to provide a quiet place for someone to work could fall foul of the Equality Act 2010.
In the case, Ms. L. Kogut v. The British Library (Case No: 2200123/2023), the claimant alleged that her employer failed to make reasonable adjustments for her disabilities, specifically PTSD and fibromyalgia.
She believed that the British Library had not provided a quiet place or workspace to accommodate her conditions, which she asserted should have been a reasonable adjustment under the Equality Act 2010. A grievance process did not resolve the issue and the case progressed to a Tribunal.
The Tribunal recognised that Ms. Kogut’s PTSD constituted a disability and that the British Library was aware of this condition from January 27th 2022 (the employer must have constructive knowledge of the disability for the Equality Act 2010 to apply). However, the British Library did not agree that there was a substantial disadvantage related to her fibromyalgia.
The Tribunal found in their judgement that the British Library failed to make reasonable adjustments by not relocating Ms. Kogut to a quieter workspace or temporarily moving her until a permanent suitable role was identified.
As a result, the Tribunal awarded Ms. Kogut £1,240.49 for the reduction in salary she experienced between September 1st and November 30th 2022. Additionally, she received £1,350.20, which included interest calculated at 8% per annum. For injury to feelings, an award of £5,000 was granted, with an additional £1,204.38 in interest, totaling £6,204.38. The injury to feelings award is made tax-free, while the salary compensation is subject to tax and National Insurance deductions.
Implications for HR Professionals
This case underscores the importance for employers to proactively identify and implement reasonable adjustments for employees with disabilities.
Failure to do so can result in legal and financial repercussions, as well as negatively impact employee well-being and organisational reputation.
The body of precedent regarding what is and what is not a reasonable adjustment is continually developing. Caution is advised when considering what may or may not be possible and the Courts will expect that an employer has sought medical advice, should the situation involve a medical condition.
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