How to Get Reasonable Adjustments Right: A Guide for Employers

By Keeley-Joanne Hodgson

Protection of disabled employees and reasonable adjustments

Employment law provides protection for disabled workers, primarily under the Equality Act 2010 (Act). One of the key employer responsibilities is to ensure workplace equality for individuals with disabilities. This includes providing equal access to employment opportunities and a work environment that is free from discrimination.

What is a disability under the Act

A disability is defined as a physical or mental impairment that has a substantial and long-term adverse effect on the person’s ability to carry out normal day to day activities. This can include both visible conditions, such as mobility impairments, and non-visible ones, such as chronic illnesses, mental health disorders or neurodivergent conditions (e.g. ADHD, autism). There are also conditions that are automatically deemed to be disabilities under the Act including HIV, cancer, MS and certified blindness.

The effect of the impairment is long term if it has lasted for at least 12 months or is likely to last for at least 12 months or is likely to last for the life of the person affected.

The duty to make reasonable adjustments

Under the Act, employers are required to make reasonable adjustments to remove disadvantages for disabled workers or people seeking work. Employers must take steps to remove barriers that put disabled applicants or employees at a substantial disadvantage compared to non-disabled applicants or employees.

Reasonable adjustments may include the following:

• Modified work schedules or part-time hours providing flexible working arrangements.

• Modified duties or providing additional support for specific tasks.

• Physical adjustments to the workspace (e.g., ramps, accessible toilets.)

• Providing assistive technologies or software (e.g., speechify.)

• Remote work or hybrid options.

• Adjusting recruitment processes.

The duty to make reasonable adjustments applies before the employment begins and covers recruitment of workers including access to vacancies and interview processes.

What is considered 'reasonable'?

Employers have a legal obligation to make reasonable adjustments once they are aware of the worker’s disability.

The reasonableness of the adjustment will depend on several factors, including:

• The size and resources of the employer.

• The cost and practicality of the adjustment.

• The potential benefit to the employee.

• Any effect of the adjustment on others e.g. health and safety.

While employers are not required to make adjustments that are unreasonable or would impose a disproportionate burden on the employer, they are expected to explore all feasible options.

This should be an interactive process between the worker and employer to determine what reasonable adjustments can be made. It should be noted that adjustments are not always the same for everyone even if the disability is the same. The employer should not simply assume that the adjustment is appropriate – they should discuss matters with the worker beforehand.

Employers may want to engage occupational health who may be better placed to suggest suitable adjustments.

Building an inclusive workplace

Whilst legal compliance with the Act is not optional, this is only a starting point.

Employers should aim to create a supportive and accessible working environment for all workers. By fostering an inclusive work culture, employers can maximise the chances of retaining their workforce and attract a wider pool of talent. This should be led from the top down. There should also be policies in place to ensure that all employees are aware of the standards expected of them in the workplace with particular reference to avoiding discriminatory practices or behaviour.