‍The Equality Act 2010 places a legal duty on employers to make reasonable adjustments for disabled job applicants, employees and former employees where certain conditions are met. The purpose of the duty is to remove or reduce disadvantages experienced by disabled individuals in comparison with non-disabled people.

The duty arises where a workplace provision, criterion or practice (PCP), a physical feature of premises, or a failure to provide an auxiliary aid places a disabled person at a substantial disadvantage. Employers must take reasonable steps to avoid that disadvantage where they know, or ought reasonably to know, that the individual is disabled and likely to be affected.

Reasonable adjustments can involve changes to working arrangements, workplace practices, equipment, premises, recruitment processes or policies. What is reasonable depends on the circumstances, including the effectiveness of the adjustment, its practicality, cost and the employer’s resources.

Although employees should engage with the adjustment process and provide relevant information, the legal responsibility to consider and implement reasonable adjustments rests primarily with the employer.

Legal Framework

The Duty to Make Reasonable Adjustments

Sections 20 and 21 of the Equality Act 2010 impose a duty on employers to make reasonable adjustments for disabled people.

A failure to comply with this duty constitutes disability discrimination.

Unlike other forms of discrimination, the reasonable adjustments duty requires employers to take positive action to address disadvantage. It may therefore require disabled employees to be treated more favourably than non-disabled employees in order to achieve equality of opportunity.

The duty applies to:

● job applicants;

● employees; and

● former employees in certain circumstances.

Who is Protected?

The reasonable adjustments duty only applies where an individual meets the Equality Act 2010 definition of disability.

A person is disabled where they have:

● a physical or mental impairment;

● which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

The duty does not arise simply because an employee experiences difficulty at work. There must be a link between the individual's disability and the disadvantage they experience.

The impairment must generally exist at the time of the employer’s failure to make adjustments.

When Does the Duty Arise?

The duty can arise in three situations.

Provision, Criterion or Practice (PCP)

A PCP is any workplace rule, requirement, policy or way of doing things which places a disabled person at a substantial disadvantage compared with non-disabled people.

Examples include:

● requiring all employees to work fixed hours;

● applying standard sickness absence procedures;

● requiring attendance at meetings at particular times;

● applying standard performance targets.

A reasonable adjustment may require the employer to modify or remove the PCP.

Physical Features of Premises

The duty arises where a physical feature of the workplace places a disabled person at a substantial disadvantage.

Examples include:

● stairs preventing wheelchair access;

● unsuitable lighting for visually impaired employees;

● inaccessible meeting rooms;

● workplace layouts creating mobility difficulties.

Adjustments may include:

● installing ramps;

● widening doorways;

● moving furniture;

● relocating workstations.

Failure to Provide Auxiliary Aids

The duty may arise where a disabled person would be placed at a substantial disadvantage because the employer has failed to provide an auxiliary aid.

Examples include:

● specialist software;

● adapted keyboards;

● communication support;

● hearing assistance equipment;

● interpreters;

● support workers.

An auxiliary aid can include both equipment and services.

Employer Knowledge

An employer is not required to make adjustments unless it knows, or should reasonably know, that:

● the employee is disabled; and

● the employee is likely to experience a substantial disadvantage.

However, employers cannot avoid liability simply by claiming they were unaware of a disability where they should reasonably have known.

Employers should therefore:

● make appropriate enquiries;

● maintain effective communication channels;

● consider occupational health advice where appropriate;

● ensure managers recognise potential indicators of disability.

Any enquiries must be handled sensitively, respecting confidentiality and the employee’s privacy.

Types of Reasonable Adjustments

There is no fixed list of reasonable adjustments. The appropriate adjustment depends on the individual's circumstances and the disadvantage being experienced.

Common examples include:

Adjustments to Working Arrangements

Employers may need to consider changes such as:

● flexible working arrangements;

● altered working hours;

● home working or hybrid working;

● changes to shift patterns;

● additional breaks;

● modifying duties;

● reallocating certain tasks.

For example, an employee with a condition affecting fatigue may benefit from reduced hours, adjusted start times or additional rest periods.

Working from home may be an appropriate adjustment in some cases, although it should not automatically replace consideration of other workplace adjustments.

Transfer to an Alternative Role

Where an employee can no longer perform their existing role because of disability, transferring them to another suitable vacancy may be a reasonable adjustment.

This may include:

● moving the employee to a different department;

● changing duties;

● transferring to another role without competitive interview processes.

An employer may be required to appoint a disabled employee to an alternative vacancy even where another candidate might otherwise have been preferred.

However, a change to contractual terms generally requires the employee’s agreement.

Workplace Equipment and Premises Adjustments

Reasonable adjustments may include providing or modifying equipment, such as:

● specialist keyboards;

● screen-reading software;

● larger monitors;

● ergonomic furniture;

● adapted tools.

Premises adjustments may include:

● improving accessibility;

● modifying entrances;

● changing workstation locations; ‍

● improving lighting or signage.

Adjustments to Policies and Procedures‍ ‍

Employers may need to modify workplace policies where applying them strictly would disadvantage a disabled employee.

‍Examples include:

● allowing disability-related absence to be discounted from attendance procedures;

‍● modifying disciplinary procedures;

‍● adapting grievance procedures;

‍● adjusting redundancy selection criteria;

‍● changing performance management arrangements.

‍Employers should consider whether standard procedures unintentionally place disabled employees at a disadvantage.

Sickness Absence and Disability-Related Absence

‍Attendance management procedures commonly create issues in disability discrimination claims.

‍Where sickness absence is connected to disability, employers should consider whether adjustments are required before taking action.

‍Possible adjustments include:

‍● recording disability-related absence separately;

‍● extending trigger points;

‍● allowing additional time for recovery;

‍● obtaining medical advice;

‍● adjusting attendance expectations.

‍● failure to consider reasonable adjustments before dismissing an employee for capability reasons may expose an employer to discrimination claims.

‍Recruitment Adjustments

‍The reasonable adjustments duty applies during recruitment.

‍Examples include:

‍● providing application forms in accessible formats;

‍● adjusting interview arrangements;

‍● allowing additional time for assessments;

‍● permitting support workers or interpreters;

‍● using accessible technology.

‍Employers should consider adjustments before rejecting candidates who may be disadvantaged by standard recruitment processes.

‍What Makes an Adjustment Reasonable?

‍Whether an adjustment is reasonable is an objective question for the tribunal.

‍Relevant factors include:

‍● whether the adjustment removes or reduces the disadvantage;

‍● how practical it is to implement;

‍● the cost involved;

‍● the employer’s financial resources;

‍● the disruption caused;

‍● the availability of external funding;

‍● the size and nature of the organisation.

‍There is no requirement for an adjustment to completely remove the disadvantage. An adjustment may still be reasonable if it only reduces the difficulty experienced by the disabled person.

‍Effectiveness of Adjustments

‍The most important consideration is whether the adjustment is capable of addressing the disadvantage.

‍An employer does not have to implement an adjustment which would have no realistic prospect of helping.

‍However, an employee does not need to prove that an adjustment will definitely work. A reasonable prospect of reducing disadvantage may be sufficient.

‍Employers should therefore avoid rejecting adjustments simply because success cannot be guaranteed.

‍Cost Considerations

‍Cost is relevant but does not automatically make an adjustment unreasonable.

‍Large employers, particularly those with significant resources, may be expected to incur greater costs than smaller employers.

‍Employers should consider:

‍● whether the adjustment provides meaningful assistance;

‍● whether costs are proportionate;

‍● whether external funding is available.

‍An employer cannot pass the cost of reasonable adjustments onto the disabled employee.

‍The Process for Making Adjustments

‍Employee Consultation

‍Employees are not legally responsible for identifying every possible adjustment.

‍The employer has the primary duty to consider what steps may be reasonable.

‍However, employers should consult with employees because they are often best placed to explain:

‍● the difficulties they experience;

‍● possible solutions;

‍● whether adjustments are effective.

‍Employers should avoid imposing adjustments without discussion, particularly where they affect duties or contractual arrangements.

‍Obtaining Medical and Expert Advice

‍Employers should consider obtaining expert advice where necessary.

‍This may include:

‍● occupational health assessments;

‍● medical evidence;

‍● advice from disability specialists.

‍Medical advice can assist employers in understanding:

‍● the impact of the condition;

‍● workplace limitations;

‍● suitable adjustments.

‍Employers should consider whether a combination of adjustments is required rather than relying on a single measure.

‍Implementation and Review

‍Once adjustments have been agreed, employers should ensure they are properly implemented.

‍Good practice includes:

‍● recording agreed adjustments;

‍● ensuring managers understand what is required;

‍● reviewing whether adjustments remain effective;

‍● updating arrangements when circumstances change.

‍A workplace adjustment passport can assist in maintaining continuity when employees change roles or managers.

Employers should also respond promptly to requests. Delays may themselves contribute to disadvantage.

‍Access to Work Scheme

‍The Access to Work scheme provides government funding for practical workplace support for disabled people.

‍Support may include:

‍● specialist equipment;

‍● software;

‍● communication support;

● support workers;

● travel assistance;

‍● workplace adaptations.

‍The scheme does not replace the employer’s legal duty. It provides additional assistance where appropriate.

‍Applications are normally made by the employee.

‍Practical Guidance for Employers

‍Employers should:

‍●  maintain effective equality and disability policies;

‍●  train managers on reasonable adjustments;

●  encourage open conversations about workplace barriers;

●  respond promptly to adjustment requests;

●  obtain expert advice where necessary;

●  record agreed adjustments;

●  review adjustments regularly.

‍Practical Guidance for Employees

‍Employees experiencing disadvantage because of disability should:

‍● inform their employer of relevant difficulties;

‍● explain how their disability affects them at work;

‍● suggest possible adjustments where possible;

‍● engage constructively with occupational health processes;

‍● keep records of adjustment requests and discussions.

‍Employees do not need to use legal terminology when requesting support. A simple explanation of the difficulty experienced may be sufficient to trigger the employer’s duty to consider adjustments.

‍Consequences of Failure to Make Reasonable Adjustments

‍A failure to make reasonable adjustments may result in:

‍● a disability discrimination claim;

‍● compensation for financial loss;

‍● injury to feelings awards;

● recommendations requiring workplace changes;

‍● reputational damage.

‍Employers should therefore treat reasonable adjustments as an ongoing workplace responsibility rather than a one-off response to a complaint.

‍This guide provides general information only and is not legal advice. Anyone considering a specific contract claim or counterclaim, whether an employer or an employee, should contact us here contact@gec-law.co.uk for legal advice.