Reasonable adjustments: employer duties for disabled employees

When does the duty arise?

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

1. An 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 - more than minor or trivial - compared to non-disabled employees
3. You know or ought to know about the disability and disadvantage - actual or constructive knowledge

The duty applies throughout the employment relationship:

• Recruitment: When someone applies for a job or during the selection process
• During employment: When an existing employee is disabled or becomes disabled
• When disability worsens: If circumstances change, you must reconsider adjustments
• Return from absence: When employees return after disability-related illness

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:

• Effectiveness: Will the adjustment actually remove or reduce the disadvantage?
• Practicability: Is it feasible to implement without major disruption?
• Cost: What is the financial impact, taking into account available funding (such as Access to Work)?
• Your resources: What can your organisation afford? A large employer may be expected to do more than a small one
• Effect on others: Will the adjustment significantly disadvantage other employees?
• Nature of your activities: What does your business do and how does the role fit within it?

Important: 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)

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

Changing physical features

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

Providing auxiliary aids and services

• Equipment: Ergonomic furniture, screen magnifiers, speech-to-text software, hearing loops
• Technology: Screen readers, assistive software, adapted keyboards or mice
• Support services: Sign language interpreter, reader, support worker, job coach
• Assistance: A buddy system, someone to take notes in meetings
• Specialist devices: 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.

However:

• 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?

Practical point: 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.

What if an adjustment is not reasonable?

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

• Document your reasoning: Record what adjustments you considered and why each was not reasonable
• Consider alternatives: If one adjustment is not feasible, are there other options that could achieve the same result?
• Keep an open mind: What is unreasonable today may become reasonable if circumstances change (e.g., Access to Work funding becomes available, or premises are refurbished)
• Redeployment: If adjustments cannot enable the employee to do their current role, consider whether there is a suitable alternative role

Dismissal as a last resort: 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

• Assuming employees will disclose: Employees are not obliged to tell you they are disabled. If you notice difficulties, ask if there is anything you can do to help
• Waiting for a formal request: The duty is proactive. If you know or ought to know about a disadvantage, you should act without waiting for a formal request
• Applying blanket policies: Absence policies, performance targets, and other standards may need to be adjusted for disabled employees. Applying them rigidly can be discrimination
• Dismissing adjustments as too expensive: Before concluding cost is prohibitive, check whether Access to Work can fund it. Even for larger costs, a well-resourced employer may be expected to pay
• Treating adjustments as permanent: Disabilities and circumstances change. Review adjustments regularly and be prepared to change them
• Forgetting the recruitment stage: The duty applies to job applicants too. Ensure your recruitment process is 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.