Reasonable Adjustments Examples for Employers

If an employee has a disability, an employer is required to make reasonable adjustments in the workplace to accommodate either their physical and/or mental health condition. This could include changes to policies or working practices, changes to the physical layout of the workplace, or the provision of extra equipment or support.

In this article, we look at an employer’s obligations to consider requests for reasonable adjustments at work, the nature of any reasonable adjustments that must be made, and what to do if an employer refuses a request to make reasonable adjustments.

 

Employee rights to reasonable adjustments

 

Under the Equality Act 2010, there are specific provisions in relation to employers not discriminating against either job applicants or employees by reason of disability.

An individual is regarded as having a disability if they have a physical or mental impairment, and that impairment has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. The effect of an impairment is to be treated as long-term if it has lasted for at least 12 months, or is likely to last for at least 12 months, or is recurring.

Employers must ensure legal protection from disability discrimination across the employee lifecycle, from the initial job application stage through to dismissals. For example, an employer must not discriminate against a job applicant in the following ways:

 

• In the interview or assessment arrangements or selection process.
• Relating to the terms on which the employer offers a candidate that job.
• By not offering a candidate that job.

 

Further, an employer must not discriminate against an employee by reason of their disability in the following ways:

 

• As to the employee’s terms of employment.
• Employee’s access, or lack of, to opportunities for promotion, transfer or training or for receiving any other benefit, facility or service.
• By dismissing the employee.
• By subjecting the employee to any other detriment.

 

To ensure individuals with a disability are not substantially disadvantaged when applying for or performing a job, the 2010 Act places a duty on employers to make ‘reasonable adjustments’.

 

What are reasonable adjustments?

 

Reasonable adjustments are changes that remove or minimise substantial disadvantages experienced by people with a disability, whether this is someone applying for a job, or a prospective or existing employee. ‘Substantial’ has to be more than minor.

The duty comprises the following three requirements:

 

• Where an organisational rule, criteria or practice puts a disabled individual at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, the employer must take reasonable steps to avoid or remove the disadvantage. The organisation is under a duty to change the source of discrimination unless it would be unreasonable to do so.
• Where a physical feature puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, the employer must take reasonable steps to avoid or remove the disadvantage. This could mean improving access or use of buildings of features, where reasonable, to remove the disadvantage for disabled people.
• Where a disabled person would, but for the provision of an auxiliary aid, be put at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, the employer must take reasonable steps to provide the auxiliary aid or service.

 

Importantly, an employer should never ask an employee to pay for the adjustments.

There may be instances where a proposed adjustment is considered by the employer not to be reasonable and, as such, the employer could refuse the request.

What is considered reasonable in the context of ‘reasonable adjustments’ will depend on the circumstances of each case. Relevant factors can include whether an adjustment is practical, the cost of the adjustment, what resources are available to the employer and how effective the adjustment is likely to be.

However, an employer would not be required to change the basic nature of an employee’s job.

Considering reasonable adjustments

Employers must consider making reasonable adjustments in the following circumstances, namely where:

 

• They are made aware of an employee’s disability.
• They could otherwise reasonably be expected to know the employee has a disability.
• The employee asks for adjustments to be made.
• The employee is having difficulty with any part of their job.
• The employee’s sickness record, or any delay in returning to work, is linked to their disability.

 

 

Reasonable adjustments examples

 

The requirements apply at all stages of the employer/employee relationship:

Reasonable adjustments to the recruitment process, so as to allow potential candidates to be considered for a job role, can include the following:

 

• Providing information about a job, or the job advertisement itself, in alternative formats.
• Accepting applications in alternative formats wherever possible.
• Arranging a ground floor interview for a wheelchair user.
• Permitting candidates to complete any written test using a computer.

 

The employer can either make enquiries with candidates as to what adjustments may need to be made prior to interview, or they can wait to be told. However, having selected a candidate and made a job offer, the employer must then ask the selected candidate what adjustments they will need to be made to enable them to undertake their job role.

Reasonable adjustments to the way in which an employee carries out their job role can include the following:

 

• Making physical changes to the workplace, for example, installing a disability ramp for wheelchair users.
• Providing specialised equipment, for example, an adjustable chair for someone with back problems, or an ergonomically designed keyboard or wireless mouse for someone with arthritis.
• Permitting a disabled worker to work somewhere else, for example, on the ground floor for a wheelchair user, or even working at their own desk rather than hot-desking for someone with a social anxiety disorder.
• Offering employees training opportunities, as well as suitable recreation and refreshment facilities.
• Allowing employees who become disabled during the course of their employment, as a result of accident or illness, to make a phased return to work, including flexible hours or part-time working.
• Otherwise changing a person’s working hours or patterns of work to accommodate an existing disability.
• Modifying performance targets, for example, for someone returning to work following an illness, or struggling to maintain a certain level of work due to disability-related fatigue or other symptoms.

 

 

What is ‘reasonable’?

 

Employers are under a duty to make adjustments that are reasonable, per the provisions of the Equality Act. If an employer fails to meet this duty, it could be deemed unlawful discrimination and employees may be able to bring a claim to an employment tribunal for disability discrimination. To bring a claim, an employee will have to show that the employer knew about their disability, or that they should reasonably have known, when deciding not to make the adjustments.

There may be instances where a proposed adjustment is considered by the employer not to be reasonable and, as such, the employer could refuse the request.

What is considered reasonable in the context of ‘reasonable adjustments’ will depend on the circumstances of each case. Relevant factors can include whether an adjustment is practical, the cost of the adjustment, what resources are available to the employer and how effective the adjustment is likely to be.

However, an employer would not be required to change the basic nature of an employee’s job.

 

What reasonable adjustments can an employee request?

 

Employees who wish to request reasonable adjustments must ensure they meet the definition of disability under the Equality Act 2010. This means they must have a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

Employers are required to make reasonable adjustments only if they are aware of the employee’s disability or if they could reasonably be expected to know about it. Employees should inform their employer of their disability and any disadvantage they are experiencing in the workplace as a result.

If an employer is aware of an employee’s disability, they are legally required to consider and implement reasonable adjustments where necessary. If an employer fails to take appropriate action, the employee should submit a formal written request outlining:

 

• Their condition and its impact on their daily life, confirming that it has lasted or is likely to last at least 12 months.
• The specific disadvantage they are experiencing due to a workplace policy, physical feature, or lack of auxiliary aid.

 

Employees should also provide details on how they are at a substantial disadvantage compared to non-disabled colleagues due to:

 

• Organisational Policies or Procedures: Identify the policy or practice causing the disadvantage. Explain how it relates to their disability and propose adjustments to remove or mitigate the disadvantage.
• Physical Workplace Features: Specify which feature is causing the disadvantage. Clarify how it affects them in a way that does not impact non-disabled colleagues. Suggest changes that could help resolve the issue.
• Lack of Equipment or Support: Describe the equipment or support needed and the disadvantage caused by its absence. Outline how the adjustment would remove or reduce the disadvantage.

 

Employers should carefully consider such requests, taking into account factors such as feasibility, cost, and available resources. If adjustments are deemed reasonable, they should be implemented promptly to support the employee.

If a request for reasonable adjustments is refused, employees should seek further advice to determine whether they have grounds for a disability discrimination claim under the Equality Act 2010.

 

Failing to provide reasonable adjustments

 

Under the Equality Act 2010, employers have a legal duty to make reasonable adjustments where necessary. Failure to comply with this duty may constitute unlawful discrimination, and employees could potentially bring a claim to an employment tribunal.

To pursue a claim, an employee must demonstrate that their employer was aware, or should have been aware, of their disability when they decided not to make the requested adjustments.

Before pursuing tribunal action, employees should exhaust internal procedures, which may include:

 

• Submitting a formal written request for adjustments with supporting evidence.
• Raising a formal grievance within the organisation.
• Exploring alternative solutions such as flexible working arrangements or employer-funded support options, including financial assistance from charities or government schemes.

 

If internal resolution efforts fail, employees may consider seeking legal advice to assess their options. It is important to note that employees should not face any form of victimisation for making a request or raising a complaint, as this would constitute a further breach of their rights under the Equality Act 2010.

Employers are encouraged to take a proactive approach to supporting disabled employees by fostering an inclusive and supportive workplace environment that accommodates individual needs.

 

Need assistance?

 

If you have a question about requests for reasonable adjustments, contact us.

 

Reasonable adjustments FAQs

 

What are reasonable adjustments in the workplace?

Reasonable adjustments are changes or modifications made to remove or reduce barriers that an employee with a disability may face at work. These adjustments ensure they can perform their role effectively and are not disadvantaged compared to others.

 

Who is responsible for making reasonable adjustments?

Employers have a legal duty under the Equality Act 2010 to make reasonable adjustments for disabled employees and job applicants. This duty applies to all aspects of employment, including recruitment, working conditions, and career progression.

 

What types of reasonable adjustments might be required?

Examples of reasonable adjustments include flexible working hours, providing assistive technology, modifying workstations, offering additional training, and adjusting policies or procedures to accommodate an employee’s needs.

 

Do reasonable adjustments apply to job applicants?

Yes, employers must consider reasonable adjustments during the recruitment process to ensure disabled applicants can fully participate, such as providing application forms in accessible formats or allowing extra time during interviews.

 

How can an employer determine what adjustments are reasonable?

Factors to consider include the effectiveness of the adjustment, the cost, the organisation’s resources, and the potential impact on other employees. Employers should engage in an open dialogue with the employee to identify suitable adjustments.

 

Can an employer refuse to make a reasonable adjustment?

An employer can only refuse an adjustment if it is not considered reasonable, such as if it would cause disproportionate financial or operational burden. However, the employer must demonstrate that they have explored all viable options before refusing.

 

Are reasonable adjustments a permanent change?

Not necessarily. Adjustments should be reviewed regularly to ensure they remain effective and relevant. Changes in the employee’s condition or business operations may require adjustments to be modified over time.

 

What should an employee do if they need a reasonable adjustment?

Employees should inform their employer as soon as possible, ideally providing details of their needs and any potential solutions. Employers are encouraged to consider requests carefully and seek professional advice if necessary.

 

Does making reasonable adjustments cost a lot?

Not always. Many adjustments are low-cost or even free, such as adjusting work hours or offering additional breaks. Government schemes, such as Access to Work, can provide financial support for more costly adjustments.

 

Where can employers get further guidance on reasonable adjustments?

Employers can seek advice from occupational health professionals, the Equality and Human Rights Commission (EHRC), trade unions, or legal professionals specialising in employment law.

 

Glossary

 

 

Term	Definition
Reasonable Adjustment	A change or modification made to remove or reduce workplace barriers for disabled employees.
Disability	A physical or mental impairment that has a substantial and long-term adverse effect on an individual’s ability to carry out normal day-to-day activities.
Equality Act 2010	UK legislation that protects individuals from discrimination in the workplace and wider society.
Workplace Barriers	Physical, organisational, or procedural obstacles that may prevent disabled employees from performing their job effectively.
Assistive Technology	Equipment or software that helps disabled employees carry out their work tasks more effectively.
Flexible Working	Adjustments to working hours, patterns, or location to accommodate an employee’s needs.
Occupational Health	A specialist service that advises employers on workplace health and adjustments for employees with health conditions.
Access to Work	A government scheme that provides funding and support for workplace adjustments for disabled employees.
Recruitment Process	The stages involved in hiring new employees, including application, interview, and selection.
Indirect Discrimination	When a workplace policy or practice applies to everyone but disadvantages people with disabilities more than others.
Substantial Effect	An impact that is more than minor or trivial and affects an individual’s daily activities.
Long-Term Effect	An impairment or condition that lasts or is expected to last for at least 12 months.
Reasonableness Test	A legal consideration of whether an adjustment is practical and proportionate for an employer to implement.
Proportionate Burden	The balance between the cost and effort required to make an adjustment and the benefits it provides to the employee.
Employment Tribunal	A legal body that resolves disputes between employers and employees, including claims related to reasonable adjustments.