Failure to Make Reasonable Adjustments at Work

Under the Equality Act 2010, employers have a legal duty to make reasonable adjustments for disabled employees and job applicants. This duty is designed to remove or reduce disadvantage experienced by disabled people in the workplace. When an employer fails to make reasonable adjustments, it can amount to unlawful disability discrimination and can be the basis of an employment tribunal claim. This article explains the law, how the duty arises, what counts as reasonable, the consequences of failure to comply, how claims work, and practical guidance for both employees and employers.

What Is the Duty to Make Reasonable Adjustments?

The Equality Act 2010 requires employers to take positive steps to ensure that disabled people are not placed at a substantial disadvantage compared to non‑disabled people because of a workplace policy, physical feature of the workplace, or absence of a support measure or aid. Employers must consider adjustments to remove or reduce the disadvantage once they know (or ought reasonably to know) that a person is disabled and is experiencing difficulties at work as a result.

Who Is Covered?

The duty applies to disabled employees, workers, contractors, and job applicants. A person qualifies as disabled if they have a physical or mental impairment with a substantial and long‑term adverse effect on their ability to carry out normal day‑to‑day activities. Employers might be expected to make adjustments even if a person hasn't formally disclosed a disability, where the need is obvious or the employer could reasonably be expected to know.

When Does the Duty Arise?

The duty to make reasonable adjustments arises when:

• The employer knows or ought reasonably to know of the person's disability;
• A disabled person is placed at a substantial disadvantage compared with non‑disabled people because of a provision, criterion or practice (PCP), a physical feature of the workplace, or the lack of an auxiliary aid; and
• A reasonable adjustment is available that would eliminate or reduce that disadvantage.

A substantial disadvantage means more than minor or trivial effects on the person's ability to do their job or access work facilities.

Types of Reasonable Adjustments

Reasonable adjustments can take many forms and should be tailored to the individual's needs:

Changes to Working Arrangements:

• Flexible start or finish times;
• Part‑time or altered duties;
• Remote or hybrid working arrangements.

Physical Workplace Changes:

• Adjusting workstation layout or lighting;
• Providing accessible entrances or workspace;
• Installing ramps or accessible facilities.

Auxiliary Aids and Support:

• Providing specialist equipment (e.g. speech‑to‑text software, adapted keyboards);
• Access to interpreters or personal assistants;
• Mentoring, coaching, or additional training.

Recruitment and Selection Adjustments:

• Alternative formats of application materials;
• Additional time for tests;
• Adjusted interview arrangements.

There is no fixed list - what counts as reasonable will depend on the specific workplace context and the individual's needs.

What Counts as “Reasonable”?

There is no definitive statutory list of reasonable adjustments. Instead, tribunals consider factors such as:

• Whether the change would remove or reduce the disadvantage;
• The practicality of making the adjustment;
• The cost and financial resources of the employer;
• Any disruption to business operations;
• Whether external funding or assistance (e.g., Access to Work) is available.

In practice, reasonable adjustments are judged case by case. A large organisation might be expected to make substantial changes that a small business cannot reasonably be expected to absorb without undue hardship.

Employer Knowledge and Consultation

An employer must know - or reasonably be expected to know - about the disability and the disadvantage before the duty arises. Employers are strongly advised to consult with the disabled person to understand their needs, discuss potential adjustments, and agree how they should be implemented. Failure to consult can itself risk breaching the duty because an employer may not understand what is needed or what might be reasonable.

Consequences of Failure to Make Reasonable Adjustments

If an employer fails to make reasonable adjustments when required, this is treated as disability discrimination under the Equality Act 2010. An employee (or applicant) can raise a grievance internally or pursue a claim at an employment tribunal.

Employment Tribunal Claims:

• Claims must usually be presented within three months less one day of the act complained of; early conciliation via ACAS is mandatory before submitting a tribunal claim.

Potential Remedies:

• Compensation for financial loss such as reduced pay or benefits;
• Awards for injury to feelings;
• Reinstatement or recommendations on workplace practices in certain circumstances. Tribunals can award significant sums where discrimination has had serious effects.

Practical Steps for Employees

Employees or job applicants who believe their employer has failed to make reasonable adjustments should:

1. Inform the employer in writing about the disability and the adjustments needed. Clear, dated communication helps establish knowledge.
2. Provide medical or occupational health evidence where appropriate.
3. Follow internal grievance or complaints procedures if informal talks fail.
4. Engage in ACAS early conciliation before bringing a tribunal claim.
5. Keep records of meetings and correspondence relating to adjustment requests.

Practical Considerations for Employers

Employers should:

• Develop and communicate a reasonable adjustments policy;
• Train managers on disability rights and how to respond to adjustment requests;
• Consult with disabled employees to understand needs and tailor adjustments;
• Review adjustments regularly as needs may change;
• Seek occupational health advice where needed;
• Consider external support schemes like Access to Work to fund equipment or support.

Common Questions

Can an employer refuse to make adjustments?
Yes, if the adjustment would be unreasonable because of excessive cost, impracticality or significant disruption. However, refusal must be justified and alternatives explored.

Does an employer only have to make adjustments once requested?
An express request is helpful but not strictly necessary if the employer knows or reasonably ought to know of the disability and disadvantage.

Can failure to implement agreed adjustments lead to a claim?
Yes. If adjustments are agreed but not properly implemented, this can constitute unlawful discrimination, as seen in tribunal practice where delays or non‑fulfilment have contributed to claims.

Summary

Under the Equality Act 2010, employers in England and Wales are legally required to make reasonable adjustments to remove or reduce the disadvantage faced by disabled employees and job applicants. The duty arises when the employer knows (or should reasonably know) of the disability and the person is substantially disadvantaged. Reasonable adjustments are judged on a case‑by‑case basis and can include changes to working arrangements, physical modifications, and auxiliary aids. Failure to make reasonable adjustments can amount to disability discrimination, leading to employment tribunal claims and awards for financial loss and injury to feelings. Clear communication, consultation, documentation and proactive support are key to meeting legal responsibilities and fostering inclusive workplaces.