Requesting Reasonable Adjustments

What do you mean by ’reasonable adjustments’?
Does HIV count as a disability?
What reasonable adjustments can I expect an employer to make?
Examples of reasonable adjustments

What do you mean by ’reasonable adjustments’?

In the UK, the Disability Discrimination Act (DDA) states that discrimination occurs when an employer fails to comply with a duty to make reasonable adjustments because an employee is HIV positive.

The duty to make reasonable adjustments for HIV positive people applies in two ways:

to the actual job undertaken
to the physical environment where an HIV positive person works.

"The duty to make a reasonable adjustment arises where a provision, criterion or practice, or physical features places a disabled person [in this instance a person affected by HIV] at a substantial disadvantage. Substantial disadvantages are those that are not minor or trivial."
Disability Rights Commission

This duty to provide reasonable adjustments extends to both the recruitment and promotion processes in the UK.

Does HIV count as a disability?

Yes. Under the UK Disability Discrimination Act, HIV is classed as a disability from the point of diagnosis.

You may not think of yourself as being disabled, but remember that this is about the legal definition, not about how you see yourself. Even if you are in good health, and you are not displaying any symptoms you are still protected under the law in the UK.

The only people not covered by the Disability Discrimination Act 2005 are members of the Armed Forces.

What reasonable adjustments can I expect an employer to make?

If you are HIV positive you are entitled to expect your employer to make reasonable adjustments to your role or your workplace to make it easier or more comfortable for you to cope with your job. However, an employer cannot be held responsible for making reasonable adjustments if they do not know that you are HIV positive or have any other disability.

If you feel you need to tell your employer about your HIV status, first discuss it with an HIV support worker or your trade union representative in confidence.

Don’t make a rushed decision to tell your employer, but also be aware that they can’t be expected to make any reasonable adjustments without knowing your status.

Remember that you are not protected by the law in Jersey, but good employers will have a disability or equal opportunities policy which should describe their response to a request for reasonable adjustments.

Examples of reasonable adjustments

Flexible working hours
Job sharing
Flexible breaks
Time off for hospital appointments
Access to a quiet area to take medication
Access to a kitchen to ensure dietary requirements are met
Desk location near toilet facilities

This is not an exhaustive list, and adjustments need to be worked out according to your individual needs.

Last updated April 2010