Where someone meets the definition of a disabled person under the Equality Act 2010, employers are required to make reasonable adjustments to any elements of the job which place a disabled person at a substantial disadvantage compared to a non-disabled person.
A reasonable adjustment is a change or practical step an employer must take to remove or reduce the disadvantage.
The duty to make reasonable adjustments applies to:
- Employees and workers
- Contractors and self-employed individuals engaged personally to carry out work
- Job applicants
Employers must consider and make reasonable adjustments where:
- They know, or could reasonably be expected to know, that someone is disabled
- A disabled employee or applicant requests an adjustment
- A disabled person is experiencing difficulties in any aspect of their role
- An employee’s absence, sickness record, or delayed return to work is connected to their disability
An employer is not subject to the reasonable adjustment duty if they do not know, and could not reasonably be expected to know, that an individual has a disability.
What Is “Reasonable”?
Employers are only required to make adjustments that are reasonable. Whether an adjustment is reasonable depends on the specific circumstances. Relevant factors include:
- How effectively the adjustment would reduce or remove the disadvantage
- Whether it is practical to implement
- The cost involved
- The size and resources of the organisation
The key objective is to eliminate or minimise, as far as reasonably possible, the disadvantage faced by the disabled individual.
Examples of Reasonable Adjustments
Adjustments are tailored to the individual. The Equality Act does not list the sorts of adjustments that an employer might have to make but examples include:
- Doing things differently
- Allowing extra time for written or reading tests during recruitment
- Redistributing tasks within a team
- Adjusting responsibilities or offering an alternative suitable role
- Providing additional supervisory guidance / support
- Providing alternative training methods where classroom-based learning is difficult
- Discounting disability-related sickness leave for the purposes of absence management
- Changes to the workplace
- Adjusting lighting at a workstation
- Modifying the layout of a workspace or building entrance
- Providing an accessible parking space
- Holding interviews in accessible rooms
- Changes to working arrangements
- Altering working hours or patterns
- Scheduling breaks differently
- Offering flexible, home, or hybrid working
- Allowing paid time off for medical appointments or treatment
- Supporting a phased return to work after absence
- Providing equipment or support
- Supplying adapted equipment (e.g., specialist chairs, software, or telephones)
- Providing documents in accessible formats
- Offering one-to-one support to assist with workload management
- Arranging specialist services, such as a sign language interpreter
Who pays for the adjustments?
Employers are responsible for funding reasonable adjustments.
Employers are not required to implement adjustments that would not meaningfully reduce the disadvantage or that would impose a disproportionate burden. However, the law expects employers to incur reasonable costs where necessary to support disabled individuals.
Factors such as the cost and practicability of making an adjustment and the resources available to the company may be taken into account in deciding what is reasonable.
An adjustment may not be reasonable if the cost is significant. For example, a small business being asked to install a lift for one employee would not be reasonable where alternative, lower costs solutions are viable.
Risks
If an employer fails to make a reasonable adjustment when they are under a duty to do so, the Equality Act 2010 treats that as discrimination and employees and even job applicants can bring a claim in the Employment Tribunal to address the failure.
Tribunals award compensation for financial losses and injury to feelings if the claim is successful. There is no statutory cap on compensation for failure to make reasonable adjustments meaning tribunals can award substantial sums.
Tips for employers
- Encourage transparent conversations about needs
- Be proactive: Do not wait for a formal request. If you know someone is struggling, initiate a conversation about potential support
- Tailor solutions: Adjustments should be assessed on a case-by-case basis, as what works for one person may not work for another.
- Document everything: Keep clear records of requests, discussions, and decisions made.
- Seek advice: Utilise Occupational Health or external specialist guidance such as Access for work if necessary to understand the required support.
- Review regularly: Once in place, adjustments should be reviewed regularly as needs can change over time.
- Train managers on how to handle requests.
If you would like support with Reasonable Adjustments, please speak with the DTM Legal Employment Law team or email employment@dtmlegal.com.
This article is for general information only and does not constitute legal advice.
