Factsheet: Reasonable Adjustments for Disabled Employees

As an employer, you have a duty to make reasonable adjustments for disabled employees. This duty aims to enable disabled employees to remain in or return to work.

Making reasonable adjustments for disabled employees applies to your employees, job applicants, former employees and ‘workers.’

1. What are reasonable adjustments?
2. What are examples of reasonable adjustments in the workplace?
3. What is reasonable?
4. What is not a reasonable adjustment?
5. Is your employee disabled?
6. What if your employee does not tell you about their disability?
7. When does the duty arise?
8. What is a Provision, Criterion or Practice?
9. What if an employer fails to make a reasonable adjustment?

What are reasonable adjustments?

Reasonable adjustments are changes or measures an employer must consider in order to prevent a disabled employee from being disadvantaged at work. Once you know, or could reasonably be expected to know, that someone is disabled, it is a legal requirement under the Equality Act 2010 to think about what adjustments could help them do their job effectively.

What counts as “reasonable” depends on the size and resources of the organisation. Employers should consider:

• Whether the adjustment would remove or reduce the disadvantage the employee experiences.
• Whether it is practical and feasible to make the change.
• The cost of the adjustment and available resources.
• Any impact on health and safety.
• Whether the adjustment would fundamentally alter the nature of the job.

The responsibility for paying for reasonable adjustments lies with the employer. Failing to make them, when reasonable, can amount to disability discrimination.

Access To Work

Access to Work is a government organisation which can be brought in to carry out an assessment on reasonable adjustments. All of the cost of recommended adjustments is refunded back to small employers and for those companies with over 50 people, 80% of the cost is usually covered by this scheme.

For more information see www.gov.uk/access-to-work

What are examples of reasonable adjustments in the workplace?

You must take such steps as it is reasonable to take to avoid the disadvantage.

Examples of possible reasonable adjustments in the workplace include:

• Adjustments to premises
• Giving some of your disabled employee’s duties to another person
• Transferring your disabled employee to fill an existing vacancy
• Changing your disabled employee’s working hours or place of work
• Allowing your disabled employee to be absent for rehabilitation, assessment or treatment
• Providing training or mentoring
• Obtaining or modifying equipment and software
• Modifying procedures for testing or assessment
• Providing supervision or other support
• Modifying disciplinary or grievance procedures

What is reasonable?

An Employment Tribunal must determine objectively whether a particular adjustment would have been reasonable to make in the circumstances. This is a fact-sensitive question and will depend on various factors such as:

• The extent to which the adjustment would have helped to reduce or remove the disadvantage
• The extent to which the adjustment was practicable
• The financial and other costs of making the adjustment
• The extent to which the step would have disrupted your activities
• The financial and other resources available to you
• The availability of external financial or other assistance
• The nature of your activities and the size of the undertaking

An adjustment is not reasonable if it will impose a disproportionate burden on you.

What is not a reasonable adjustment?

Not every request counts as a “reasonable adjustment.” Adjustments may be refused if they:

• Would fundamentally change the nature of the job.
• Are impractical or cannot realistically be implemented.
• Create health or safety risks for the employee or others.
• Involve costs that are disproportionate to the size and resources of the organisation.

Even if a specific adjustment isn’t reasonable, it’s still important to explore other ways to support the employee. The goal is always to enable them to work effectively while keeping changes practical and proportionate.

Is your employee disabled?

Under the Equality Act 2010, a person is disabled if they have a physical or mental impairment substantially affecting their ability to carry out normal day-to-day activities.

Learn more with our factsheet – Is your Employee Disabled under the Equality Act?

What if your employee does not tell you about their disability?

You will not be obliged to make reasonable adjustments unless you know, or ought reasonably to know, that your employee is disabled and is likely to be placed at a substantial disadvantage because of their disability.

You should take reasonable steps and have systems in place to find out the relevant information.

For example, make enquiries to see if any reasonable adjustments are required for new employees. For your existing employees, carry out back-to-work interviews to see if sickness absence may be related to a disability and investigate any changes in or unusual behaviour to see if this may be connected to a disability.

When does the duty arise?

The duty can arise where your employee is placed at a substantial disadvantage in comparison with persons who are not disabled by:

• A provision, criterion or practice (PCP) applied by you.
• A physical feature of your business premises (e.g. the design or construction of a building, feature of an approach to, exit from or access to a building, a fixture or fitting, furniture, equipment, etc.)
• Your failure to provide an auxiliary aid.

What is a Provision, Criterion or Practice?

This is interpreted widely and can include, for example, formal or informal policies, rules, practices, arrangements or qualifications including one-off decisions and actions.

What if an employer fails to make a reasonable adjustment?

An employer failing to make a reasonable adjustment for a disabled employee is a form of discrimination in the workplace. Your employee may be entitled to make a claim at an Employment Tribunal. If successful, the Tribunal may order compensation or make an appropriate recommendation.

To find out how we can help you make reasonable adjustments for disabled employees, contact our employment disability discrimination attornies for employers today on 01273 609911, or email info@ms-solicitors.co.uk.