Reasonable Adjustments: Employer Duty

The duty to make reasonable adjustments is a core legal obligation under the Equality Act 2010. It requires employers in England and Wales to take practical steps to remove workplace disadvantages experienced by disabled employees and job applicants.

This duty is not optional or discretionary. Failure to comply is itself a form of discrimination and is commonly the basis of claims in Employment Tribunals. It applies across recruitment, employment, promotion, and dismissal processes.

This article explains when the duty arises, what counts as a reasonable adjustment, how employers are expected to comply, and the legal consequences of failing to act.

Legal Basis of the Reasonable Adjustments Duty

The duty to make reasonable adjustments is set out in sections 20 and 21 of the Equality Act 2010.

It applies where:

• a disabled person is placed at a substantial disadvantage compared with non-disabled persons
• the disadvantage arises from a workplace practice, physical feature, or lack of auxiliary aid
• the employer knows, or should reasonably know, about the disability and disadvantage

Once triggered, employers must take reasonable steps to avoid or reduce the disadvantage.

Failure to comply is treated as discrimination under UK employment law.

Who Is Protected by the Duty

The duty applies to disabled individuals as defined by the Equality Act 2010:

• physical impairments (e.g., mobility conditions, sensory impairments)
• mental impairments (e.g., depression, anxiety disorders, neurodivergent conditions)
• long-term conditions with substantial impact on daily activities

Protection covers:

• employees
• job applicants
• trainees and apprentices
• contract workers in some circumstances

When the Duty to Make Adjustments Arises

Employers are expected to act when a disabled person is placed at a substantial disadvantage in comparison to others.

The duty may arise when:

• a disability is disclosed
• symptoms or absences indicate a potential disability
• performance or attendance issues are linked to health conditions
• an employee requests adjustments

The obligation is not limited to formal requests. Employers may be required to act where they could reasonably be expected to know about the disability.

Types of Reasonable Adjustments

The law does not provide an exhaustive list, but adjustments generally fall into three categories.

1. Changes to workplace policies or procedures

Examples include:

• adjusting absence management triggers
• modifying performance targets
• changing disciplinary procedures where disability is relevant
• allowing flexible working arrangements

2. Physical changes to the workplace

Examples include:

• ramps or accessible entrances
• adapted desks or seating
• improved lighting or signage
• accessible toilet facilities

3. Provision of auxiliary aids or support

Examples include:

• assistive software (screen readers, voice recognition tools)
• specialist equipment
• interpreters or support workers
• additional training or supervision support

What Counts as “Reasonable” in Law

Employers are not required to implement every possible adjustment. The law requires what is reasonable in the circumstances.

Tribunals typically assess:

• effectiveness of the adjustment in removing disadvantage
• practicality of implementation
• cost relative to the employer's resources
• size and nature of the organisation
• disruption to business operations
• availability of external support or funding

A large employer is generally expected to do more than a small business due to greater resources.

Employer Knowledge and the “Should Have Known” Test

The duty applies not only when an employer has actual knowledge of a disability but also when it is reasonable to expect them to know.

This may arise where:

• an employee has long-term sickness absence
• medical information suggests a potential condition
• workplace behaviour indicates a health-related issue
• occupational health reports identify a likely impairment

Ignoring clear indicators can still lead to legal liability.

Practical Employer Process for Compliance

Employers are expected to follow a structured approach:

Step 1: Identify disadvantage

Assess how workplace arrangements affect the disabled individual compared with others.

Step 2: Consult the employee

Engage in meaningful discussion about possible adjustments.

Step 3: Consider options

Evaluate alternative adjustments and their feasibility.

Step 4: Implement reasonable measures

Put adjustments in place without unnecessary delay.

Step 5: Review effectiveness

Monitor whether adjustments are working and revise if necessary.

Interaction with Recruitment and Job Applicants

The duty applies before employment begins. Employers must ensure disabled applicants are not disadvantaged in:

• application processes
• interviews
• assessment tests
• selection criteria

Examples include providing extra time in assessments or adjusting interview formats.

Failure at recruitment stage can result in Employment Tribunal claims.

Common Employer Failures

Employment Tribunals frequently identify recurring compliance issues:

• failing to engage in meaningful consultation
• rejecting adjustments without proper assessment
• relying on cost arguments without evidence
• treating disability-related absence as misconduct
• ignoring occupational health recommendations
• failing to review whether adjustments remain effective

These failures often lead to findings of discrimination.

Legal Consequences of Failing to Make Adjustments

Failure to comply with the duty is treated as unlawful discrimination and can result in:

• compensation for financial loss (e.g., lost earnings)
• injury to feelings awards
• recommendations requiring workplace changes
• increased compensation where conduct is aggravated

Claims are brought in Employment Tribunals, often alongside other discrimination claims such as disability-related unfavourable treatment.

Time Limits for Claims

Key procedural rules include:

• claims must generally be brought within 3 months less one day from the act complained of
• Acas Early Conciliation is required before lodging a claim
• continuing failures may extend the limitation period in some cases

Strict time limits make early action important in legal proceedings.

Role of Guidance and Best Practice Standards

Tribunals often consider guidance from:

• Acas (Advisory, Conciliation and Arbitration Service)
• Equality and Human Rights Commission (EHRC)

These sources are used to assess whether an employer acted reasonably and followed accepted workplace standards.

Relationship with Capability and Performance Management

Employers may manage performance, attendance, or conduct issues, but must first consider:

• whether the issue is linked to disability
• whether reasonable adjustments could address the problem
• whether disciplinary action is appropriate after adjustments

Proceeding with dismissal without considering adjustments can render the dismissal unlawful.

Key Takeaways

The duty to make reasonable adjustments under the Equality Act 2010 requires employers in England and Wales to remove workplace disadvantages faced by disabled individuals. The duty arises when an employer knows or should know about a disability and must be addressed through practical, proportionate steps. Employers must assess disadvantage, consult affected individuals, implement workable adjustments, and review effectiveness. Failure to comply can result in Employment Tribunal claims, compensation, and reputational and legal risk.