Understanding Reasonable Adjustments: A Guide for Employers

What Are Reasonable Adjustments?

The term “reasonable adjustments” comes from the Equality Act 2010, which requires employers to make changes that help employees with disabilities perform their roles effectively. A disability, as defined by the Act, is a physical or mental impairment that has a substantial and long-term impact on a person’s ability to carry out day-to-day activities.

Importantly, this definition does not require a formal medical diagnosis. The impairment does not have to be recognised by the medical community, and recent tribunal cases continue to highlight how broad this definition truly is.

If an employee falls under this definition, their employer has a legal duty to make reasonable adjustments to help them manage their work responsibilities. However, what is considered “reasonable” will depend on the individual circumstances, and there is no definitive list of adjustments that must be made.

When Must Employers Make Reasonable Adjustments?

Employers must make reasonable adjustments if they know or reasonably ought to know that an employee has a disability. This duty extends beyond obvious physical modifications, such as ramps and lifts, to include more personalised adjustments that address specific challenges faced by the individual.

Adjustments could involve:

• Flexible working arrangements

• Assistive technology or specialised equipment

• Adjusting performance expectations

• Providing additional training or support

The key to determining appropriate adjustments is engaging in an open conversation with the employee to understand how their condition affects their work and exploring possible solutions.

How to Implement Reasonable Adjustments

1. Communicate with the Employee

Start by discussing the employee’s impairment and how it impacts their ability to work. Some employees may already know what adjustments they need, while others - particularly those with recent knowledge such as a newly diagnosed neurodivergent condition - may require support in identifying their needs.

2. Consider Professional Support

If an employee is unsure about what adjustments would help them, an occupational health assessment or workplace needs assessment can provide professional guidance. It is crucial that the professional conducting the assessment understands both the employee’s condition and the workplace environment.

3. Trial and Review Adjustments

Implementing adjustments may involve some trial and error. Employers should be open to testing different solutions and reviewing their effectiveness over time. Regular check-ins can help ensure that the adjustments remain suitable as job roles or workplace conditions change.

Examples of Reasonable Adjustments

To illustrate how reasonable adjustments work in practice, consider the following example:

A recent tribunal case found that an employer should have made allowances for an employee with dyslexia who struggled with time management (a common challenge known as time blindness). The tribunal ruled that permitting some flexibility with start times was a reasonable adjustment. However, this does not necessarily mean that the employee must be paid for unworked hours - adjustments to pay or alternative scheduling options (such as staying later) could be appropriate solutions.

The key takeaway for employers is to question whether rigid workplace policies, such as strict start times, are essential or whether they can be adapted to accommodate an employee’s needs without disrupting business operations.

Beyond Reasonable Adjustments to Inclusivity

Reasonable adjustments are not just about compliance with the law; they are about enabling people to thrive in the workplace. When employees have the tools and support they need, they perform better, are more engaged, and contribute more effectively to the business.

While the legal duty to make adjustments applies to those who meet the definition of disability, there is no business advantage in restricting these benefits. Many employees, including those who may not meet the legal definition but still experience challenges, can benefit from simple, cost-effective adjustments. A more inclusive workplace promotes innovation, reduces staff turnover, and enhances overall productivity. By proactively supporting all employees, rather than just those with a formal disability, businesses create a stronger, more adaptable workforce.

Are There Limits to Reasonable Adjustments?

Employers are expected to bear the costs of reasonable adjustments, and financial constraints alone are unlikely to justify refusing an adjustment. However, there are circumstances where an adjustment may not be considered reasonable, such as:

• If it fundamentally alters the nature of the job (although moving someone to a different role might be a reasonable adjustment)

• If it poses a safety risk to others

• If the organisation genuinely cannot accommodate the change due to operational constraints

For example, in a safety-critical role, allowing an employee to wear noise cancelling headphones might not be feasible. However, it may be reasonable to explore alternative roles within the organisation that better suit their needs.

Where the adjustments required go beyond what is reasonable, Access to Work provides government funded grants to support disabled people into work, therefore grants may be available. This could include additional software or hardware or possibly a taxi to work for someone who is not able to access public transport.

Recruitment and Reasonable Adjustments

Employers must also consider reasonable adjustments during the recruitment process. Candidates should be asked whether they require any adjustments to participate in the recruitment process. However, aside from this, employers should not ask about health conditions or disabilities until after a job offer has been made.

If a disability comes to light post-offer, the employer should assess whether reasonable adjustments can be made to support the employee in fulfilling the role. If no reasonable adjustments can enable them to perform the job, the offer may need to be withdrawn, but only after careful consideration and legal advice.

The 5 Steps to Making Reasonable Adjustments

1. Determine if the employee has a disability under the Equality Act 2010.

2. Identify necessary adjustments through discussion and/or workplace needs assessment.

3. Assess whether those adjustments are reasonable.

4. Implement and regularly review the adjustments.

5. Seek legal advice if adjustments cannot be made, as failing to provide adjustments may lead to discrimination claims.

Failure to make reasonable adjustments can lead to employment tribunal claims, including automatic unfair dismissal claims if an employee is dismissed due to their disability. Employers should always seek professional HR advice before making decisions about reasonable adjustments.

If you need expert guidance on making reasonable adjustments or handling related employment matters, contact us today. We can help ensure compliance while creating an inclusive workplace.

Article last updated: 24 February 2025