Workplace Adjustments: Lessons on Reasonable Adjustments and Noise Sensitivity From Davies v NHS Foundation

Previously, we examined the case of Mrs Rose Davies v Gloucestershire Health and Care NHS Foundation Trust. In our analysis, we established that an administrator won £27,000 after her employer failed to make reasonable workplace adjustments. 

Read on as we break down the key events and explore important takeaways from the employment tribunal claim. We will discuss who could be affected by light or noise sensitivity, the legal standpoint regarding reasonable adjustments at work, and what employees and employers should keep in mind.

If you have any questions or believe you’ve faced some form of workplace disability discrimination, please don’t hesitate to contact us. Redmans Solicitors are expert employment lawyers, and following a quick chat, we can provide specialist advice.

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Failure to Make Workplace Adjustments Leads to £27k Tribunal Claim

Mrs Davies, who had long-term impairments from a brain haemorrhage, struggled with concentration due to workplace noise. Initially, her employer provided a quieter workspace, but this solution wasn’t sustained, and her working conditions deteriorated. Despite multiple occupational health (OH) assessments recommending workplace adjustments like quieter environments or redeployment, her employer failed to implement them.

Following persistent issues, Mrs Davies filed a formal complaint, but her situation worsened. In July 2018, her request for a quieter office space was denied, and she began stress-related sick leave. After returning to work, she was further assessed, but the employer still didn’t take meaningful actions, and she eventually resigned in October 2019.

The employment tribunal ruled that Mrs Davies was disabled under the Equality Act 2010 and that her employer had breached its obligation to make reasonable adjustments during two key periods. For the second period, from July 2018 to July 2019, the tribunal found that the NHS Foundation Trust had failed to adequately address her needs, awarding her £27k in compensation for injury to feelings, loss of earnings, and interest.

Noise Sensitivity: Who Might Need Reasonable Adjustments?

Mrs Davies’ impairments were central to her case against the NHS Foundation Trust for failing to implement necessary workplace adjustments. However, while her brain injury was the cause of her noise sensitivity and concentration difficulties, it’s important to recognise that other factors can contribute to these disabilities, too.

For instance, employees diagnosed with conditions like Attention Deficit Hyperactivity Disorder (ADHD) or Autism Spectrum Disorder (ASD) may also experience heightened sensitivity to noise and light. This could impact their ability to focus and prevent them from working efficiently in typical environments.

Similarly, individuals who suffer from regular migraines or related conditions may find that bright lights or loud noises exacerbate their symptoms, further hindering their ability to perform effectively. Therefore, since multiple factors can cause noise sensitivity and impact an individual’s capacity to work, employers must acknowledge each individual’s circumstances and implement appropriate, reasonable adjustments to support them.

Reasonable Workplace Adjustments Under the Equality Act 2010

Under the Equality Act 2010, individuals are disabled if they have a substantial, long-term impairment that negatively affects their ability to undertake normal everyday activities. If an individual’s noise sensitivity is considered a disability under this definition, their employer must make necessary, reasonable workplace adjustments. Employers are obligated to make such adjustments as soon as they become aware of their employees’ disabilities.

Under UK legislation, relevant, reasonable adjustments at work may include:

  • Changes to the Work Environment – For employees suffering from noise sensitivity, this may involve moving them to a quieter workspace, soundproofing offices or utilising quieter office machinery.
  • Modifications to Work Patterns – Enabling a noise-sensitive employee to work from home could help them control the noise in their environment. Alternatively, offering flexible working could allow them to work during quieter periods of the day. 
  • Provision of Equipment – Providing noise-cancelling headphones could help quieten the environment for employees with heightened noise sensitivities.

But What is Reasonable?

Although eligible disabled employees are entitled to workplace adjustments, they must be deemed reasonable. If said adjustments aren’t, the employer isn’t obligated to provide them. When determining whether an adjustment is reasonable, employers should consider factors like:

  • Effectiveness – If an adjustment doesn’t significantly help an employee overcome their disadvantage, it may be deemed unreasonable.
  • Cost and Practicality – Depending on a business’s size, the cost of an adjustment could influence whether or not it’s reasonable. That said, changes that come with little or no cost will likely need to be made regardless of the circumstances.
  • Workplace Impact – If a change significantly disrupts business operations, it may not be considered reasonable.

Denied Your Rights? Here’s What to Do Next

As mentioned, individuals with an eligible disability at work must be provided reasonable workplace adjustments by their employer. This isn’t just good practice; it’s a legal obligation. If an employee believes their employer has breached this right, several steps should be taken.

First, the employee should engage in an informal discussion where possible. Taking this step could resolve the matter swiftly and may help avoid lengthy legal procedures that can be stressful.

If the above isn’t possible or fails to rectify the problem, the employee should consider raising a formal grievance. Similar to an informal chat, this can help navigate past court proceedings. However, in contrast, a formal complaint obligates the employer to deal with the matter in a legally compliant way. Not only does this signal that the employee means business, but if the employer acts incorrectly, they could open themselves to further legal claims.

As a last resort, the employee could bring their case to an employment tribunal. However, before they do, the employee must undertake ACAS early conciliation and satisfy specific eligibility criteria. Should they do this, they would then be able to initiate their claims. If the employer is found to have breached its obligation, it may be ordered to pay the employee compensation.

Claim With Redmans Solicitors

If you have any questions or believe you have faced discrimination in the workplace, please get in touch with Redmans Solicitors now. We are specialists in the employment law sector and could answer your queries. Following a quick consultation, we could assess your eligibility to claim compensation and discuss your possible next steps.

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