Reasonable adjustments for disabled employees can remove workplace disadvantages and help employees continue working effectively.
Employers have a legal duty to consider adjustments where they know, or could reasonably be expected to know, that an employee is disabled and faces a substantial disadvantage.
The correct response will depend on the employee’s condition, their role, the workplace and the resources available to the employer. Employers should discuss possible solutions rather than making assumptions about what the employee needs.
What are reasonable adjustments for disabled employees?
Reasonable adjustments are changes that remove or reduce a disadvantage connected with an employee’s disability.
The duty arises under the Equality Act 2010. It can apply to workplace rules, physical features and the provision of equipment or other assistance.
An employee does not always need to use the phrase “reasonable adjustment”. A request to change working arrangements because of a health condition may still place the employer on notice that support could be required.
The duty can also apply to job applicants during recruitment. For example, an employer may need to adjust an interview process or provide information in a more accessible format.
When does the employer’s duty arise?
The duty normally arises where the employer knows, or should reasonably know, that the person has a disability and that a workplace arrangement places them at a substantial disadvantage.
An employee may tell the employer directly about their condition. However, the employer may also become aware through sickness absence, medical evidence, changes in performance or discussions with a manager.
Employers should not ignore clear signs simply because the employee has not provided a formal diagnosis. Instead, they should speak to the employee sensitively and consider whether further information would help.
At the same time, employers should avoid diagnosing conditions themselves. The purpose of the discussion is to understand the effect on work and identify possible support.
What counts as a disability?
Under the Equality Act 2010, a person is generally disabled if they have a physical or mental impairment that has a substantial and long-term adverse effect on normal day-to-day activities.
“Substantial” means more than minor or trivial. “Long-term” will usually mean that the effect has lasted, or is likely to last, at least 12 months.
Some conditions may fluctuate or improve with treatment. The legal assessment may consider how the condition would affect the person without medication or other measures that reduce its impact.
Conditions such as cancer, HIV infection and multiple sclerosis receive protection from diagnosis. Other conditions require a closer assessment of their effect and likely duration.
Examples of reasonable adjustments
The appropriate adjustment will depend on the employee’s individual circumstances. Possible measures include:
- changing working hours, start times or break arrangements;
- allowing some duties to be carried out from home;
- providing specialist equipment, software or furniture;
- changing how instructions or information are provided;
- adjusting performance targets or absence procedures;
- redistributing minor or non-essential duties; or
- considering a suitable alternative role.
The employer does not have to remove an essential part of the job in every case. However, it should consider whether duties can be changed, supported or carried out differently.
Where health issues are causing absence, our employee sickness management page explains the wider steps employers should consider.
How should employers assess a request?
Employers should begin by speaking to the employee. The discussion should focus on the disadvantage they face, the effect on their work and the changes that may help.
The employer may need medical information where the position remains unclear. This could come from the employee’s GP, a specialist or an occupational health adviser.
Before seeking a medical report, the employer should obtain the employee’s consent and explain how it will use the information.
Medical advice can assist the employer, but it does not make the final decision. The employer must assess whether a proposed adjustment is reasonable in the particular workplace.
How does an employer decide what is reasonable?
No adjustment is automatically reasonable in every business. Employers should consider the practical effect of the proposal and whether it would remove or reduce the disadvantage.
Relevant factors may include:
- how effective the adjustment is likely to be;
- the cost and disruption involved;
- the employer’s size and financial resources;
- the effect on colleagues, customers and operations;
- whether external assistance is available; and
- whether another adjustment could achieve a similar result.
A large employer may reasonably be expected to make changes that would place a disproportionate burden on a very small organisation.
However, employers should not reject a proposal merely because it involves some inconvenience or cost. They should examine the actual impact and record why they reached their decision.
Who pays for reasonable adjustments for disabled employees?
The employer will usually be responsible for the cost of reasonable workplace adjustments. It should not normally require the disabled employee to pay for them.
In some circumstances, financial assistance may be available through Access to Work. This can contribute towards certain equipment, travel arrangements or workplace support.
However, the availability of external funding does not remove the employer’s legal duty. Employers should not delay a reasonable adjustment indefinitely while waiting for funding decisions.
Adjusting absence and performance procedures
A disabled employee may need adjustments to ordinary attendance or performance procedures.
For example, an employer may need to discount some disability-related absence, adjust an attendance trigger or allow more time for improvement where the condition affects performance.
This does not mean that employers must ignore all absence or poor performance. Instead, they should consider whether the employee faces a disadvantage and whether an adjustment could help them meet the required standard.
Employers should also distinguish between conduct and matters caused by disability. Starting disciplinary action without examining that connection can increase the risk of discrimination.
Recording and reviewing agreed adjustments
Once the parties agree an adjustment, the employer should record it clearly. The written record should explain what will change, when the arrangement begins and when the employer will review it.
Some adjustments may remain appropriate indefinitely. Others may require a trial period or regular review because the employee’s condition, duties or workplace may change.
A review should consider whether the adjustment remains effective and whether any difficulties have arisen. Employers should involve the employee rather than changing the arrangement without discussion.
What if the requested adjustment is not reasonable?
An employer does not have to agree to every adjustment requested by an employee. However, it should not simply reject a proposal without considering it properly.
Where one proposal is impractical, the employer should explain the reasons and explore alternatives. Another adjustment may remove the disadvantage with less cost or disruption.
Employers should keep a written record of the request, medical evidence, options considered and reasons for the final decision.
A failure to make reasonable adjustments can amount to disability discrimination. Compensation for discrimination is not subject to the ordinary statutory cap that applies to most unfair dismissal awards.
Reasonable adjustments for disabled employees before dismissal
An employer considering capability dismissal must first examine whether reasonable adjustments could enable the employee to remain in work.
This may include changes to duties, hours, equipment, workplace arrangements or redeployment to a suitable vacancy.
Dismissing an employee without properly considering adjustments can make the decision unfair and discriminatory. Employers facing this situation should read our article on dismissing an employee with a disability.
Common mistakes employers should avoid
Employers often increase their legal risk when they:
- wait for the employee to use formal legal language;
- insist on a diagnosis before discussing support;
- reject adjustments without considering alternatives;
- apply absence triggers without reviewing disability-related absence;
- fail to obtain useful occupational health information;
- allow agreed adjustments to lapse without review; or
- move directly towards dismissal.
Our employment law and sickness advice for employers page provides further information about managing health-related workplace issues.
Advice on reasonable adjustments for disabled employees
Reasonable adjustments for disabled employees should address the individual disadvantage rather than apply a standard solution.
Employers should communicate with the employee, obtain appropriate evidence and consider practical alternatives before rejecting a request or starting formal action.
Employers Law helps businesses assess adjustment requests, manage sickness and capability procedures and reduce the risk of disability discrimination claims.