Make reasonable adjustments for disabled employees

The Equality Act 2010 requires you to make reasonable adjustments that remove the barriers disabled employees and job applicants face. The duty is proactive: you must act when you know, or ought to know, that someone is at a substantial disadvantage. Failing to make a reasonable adjustment is discrimination in itself. You do not need to have treated the person less favourably.

This is not special treatment. It puts disabled employees on a level playing field so they can do their jobs. Compensation for disability discrimination is unlimited, but many adjustments cost little or nothing, and Access to Work can fund much of the cost of others.

When does the duty arise?

The duty to make reasonable adjustments is triggered when three conditions are met:

1. The employee has a disability: 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.
2. They are placed at a substantial disadvantage, meaning more than minor or trivial, compared with non-disabled employees.
3. You know, or ought to know, about the disability and the disadvantage.

The duty applies throughout the employment relationship: when someone applies for a job and during selection, while an employee is or becomes disabled, when their condition or circumstances change and you must reconsider adjustments, and when they return after disability-related absence.

What does "substantial disadvantage" mean?

Substantial disadvantage is defined as more than minor or trivial. The comparison is with employees who are not disabled.

Examples of substantial disadvantage:

• An employee with a visual impairment who cannot read standard documents or use a standard computer screen
• An employee with mobility difficulties who cannot access meetings on upper floors
• An employee with anxiety who cannot work in an open-plan office without significant distress
• An employee with dyslexia who takes significantly longer to complete written tasks
• An employee with epilepsy who cannot drive to client meetings as required by their role

The three requirements

Section 20 of the Equality Act sets out three distinct requirements, depending on the source of the disadvantage:

What counts as "reasonable"?

The Act does not define precisely what is reasonable - it depends on the circumstances of each case. Tribunals consider these factors:

• whether the adjustment will remove or reduce the disadvantage
• whether it is practicable without major disruption
• what it costs, taking account of funding such as Access to Work
• what your organisation can afford, since a large employer may be expected to do more than a small one
• whether it would significantly disadvantage other employees
• what your business does and how the role fits within it

You cannot require the disabled employee to pay any part of the cost of adjustments. This is a clear statutory prohibition under s.20(7).

Examples of reasonable adjustments

Adjustments fall into the three categories matching the statutory requirements:

Changing provisions, criteria or practices (PCPs)

• Flexible start/finish times, part-time working, compressed hours
• Remote working, working from a specific location
• Allowing time off for medical appointments, disability-related absence not counted towards triggers
• Adjusting targets where disability affects productivity
• Reallocating tasks that the employee cannot perform, or performing them differently
• Providing additional training or training in different formats
• Providing more frequent supervision or a mentor
• Extra time for tests, alternative formats, oral instead of written

Changing physical features

• Installing ramps, lifts, automatic doors, handrails
• Relocating an employee's workstation, providing a ground-floor office
• Adapting toilet facilities, providing accessible parking
• Improving lighting for visual impairments, reducing noise for hearing impairments
• Widening doorways, removing obstacles, creating clear circulation routes

Providing auxiliary aids and services

• Ergonomic furniture, screen magnifiers, speech-to-text software, hearing loops
• Screen readers, assistive software, adapted keyboards or mice
• Sign language interpreter, reader, support worker, job coach
• A buddy system, someone to take notes in meetings
• Braille displays, communication aids, mobility equipment

Knowledge requirement: what you know or ought to know

The duty does not arise if you did not know, and could not reasonably have been expected to know, that the employee has a disability and is likely to be placed at substantial disadvantage.

But:

• If any of your managers or HR staff know about the disability, that knowledge is imputed to you as the employer
• If an employee tells you they are struggling, you should make reasonable enquiries about whether they have a disability and what adjustments might help
• You cannot deliberately avoid knowledge - ignoring obvious signs does not protect you
• Constructive knowledge applies: what would a reasonable employer have known in the circumstances?

Employees are not obliged to disclose a disability. If you notice someone struggling or they tell you they are finding aspects of their job difficult, it is good practice to ask whether there is anything you can do to help - without requiring them to label themselves as disabled.

The process: how to handle adjustment requests

Access to Work: government funding for adjustments

Access to Work is a government grant scheme that can pay for practical support to help disabled people start or stay in work. This significantly affects what is "reasonable" - adjustments that might otherwise be too expensive may become reasonable with Access to Work funding.

The employee applies, not you. They can apply online, by phone, or by textphone or Relay UK. If you have 50 to 249 employees, you pay 20% of costs above £500, up to £10,000. If you have 250 or more, you pay 20% of costs above £1,000, up to £10,000. If you have fewer than 50, you pay 20% of costs up to £10,000. These contributions do not apply to the Mental Health Support Service.

Access to Work can fund:

• Special equipment or adaptations to existing equipment
• Adaptations to premises or workstation
• A support worker or job coach
• Disability awareness training for colleagues
• Help getting to and from work if public transport is not an option
• Communication support at interviews
• Mental health support service for employees with mental health conditions

How it works:

1. The employee applies to Access to Work (you cannot apply on their behalf)
2. Access to Work may arrange a workplace assessment
3. If approved, funding is paid as a grant (usually to the employee who reimburses you, or sometimes directly to suppliers)
4. The grant is reviewed annually or if circumstances change

Employees should apply as soon as they know they need support. There can be delays, so early application is important.

What if an adjustment is not reasonable?

Sometimes an adjustment may genuinely not be reasonable. In these cases:

• Record what adjustments you considered and why each was not reasonable.
• If one adjustment is not feasible, look for other options that could achieve the same result.
• Keep an open mind. An adjustment that is unreasonable today may become reasonable if circumstances change, for example if Access to Work funding becomes available or the premises are refurbished.
• If adjustments cannot enable the employee to do their current role, consider whether there is a suitable alternative role.

If, after exploring all reasonable adjustments, an employee genuinely cannot perform their role or any suitable alternative, dismissal may be fair. However, this is a last resort and you must be able to demonstrate you thoroughly explored alternatives. Seek legal advice before proceeding.

Common mistakes to avoid

• Do not wait for employees to disclose. They are not obliged to tell you they are disabled, so if you notice difficulties, ask if there is anything you can do to help.
• Do not wait for a formal request. If you know or ought to know about a disadvantage, act.
• Do not apply absence policies, performance targets and other standards rigidly. They may need adjusting for disabled employees, and applying them rigidly can be discrimination.
• Do not dismiss an adjustment as too expensive before checking whether Access to Work can fund it. Even for larger costs, a well-resourced employer may be expected to pay.
• Do not treat adjustments as permanent. Disabilities and circumstances change, so review them regularly.
• Do not forget job applicants. Make your recruitment process accessible and ask candidates if they need adjustments for interviews.

Record keeping

Good records protect both you and your employees. Keep records of:

• Discussions about adjustments (with dates and who was present)
• Assessments obtained (Occupational Health, Access to Work, specialist reports)
• Adjustments considered and the reasoning for each decision
• Adjustments implemented and when
• Reviews of whether adjustments are working

These records are confidential medical information and should be kept securely, separate from the general personnel file, and only shared with those who need to know.