Reasonable Adjustments for Disabled Employees

The duty to make reasonable adjustments is a central protection for disabled employees, job applicants, and workers under the Equality Act 2010. It requires employers to take practical steps to remove or reduce disadvantages faced by disabled people in the workplace.

Failure to comply can amount to unlawful disability discrimination and may result in claims being brought before an employment tribunal. The duty applies across recruitment, employment terms, working conditions, dismissal, and workplace practices.

This article explains the legal framework, what counts as a reasonable adjustment, how the duty operates in practice, and what happens when employers fail to comply.

Legal Framework: Equality Act 2010

The duty to make reasonable adjustments is set out in sections 20 and 21 of the Equality Act 2010. Employers must take reasonable steps where a provision, criterion, practice, physical feature, or lack of auxiliary aid places a disabled person at a substantial disadvantage compared to non-disabled people.

This duty applies to:

• Employees and workers
• Job applicants
• Contract workers and certain self-employed individuals

The obligation arises where the employer knows, or ought reasonably to know, that a person is disabled and is placed at a disadvantage because of it.

Failure to comply is treated as a form of discrimination under the Act.

When the Duty to Make Adjustments Applies

The duty is triggered in three main situations:

1. Workplace practices (PCPs)

Where a rule, policy, or working practice disadvantages a disabled employee. Examples include rigid working hours or mandatory procedures that create barriers.

2. Physical features

Where aspects of the workplace create barriers, such as stairs without alternative access or unsuitable workstation layouts.

3. Lack of auxiliary aids or support

Where an employee needs equipment, software, or assistance to perform their role effectively.

What Counts as a Disability

A person is generally considered disabled if they have a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

This includes:

• Physical disabilities (e.g., mobility impairments)
• Sensory impairments (e.g., sight or hearing loss)
• Mental health conditions (e.g., anxiety, depression)
• Neurodivergent conditions (e.g., autism, ADHD)

What is a “Reasonable Adjustment”?

A reasonable adjustment is any change made by an employer to reduce or remove disadvantage. It is not defined rigidly in law; it depends on the facts of each case.

Employers must consider:

• Effectiveness of the adjustment in removing disadvantage
• Practicality of implementation
• Cost and available resources
• Size and nature of the organisation
• Health and safety considerations
• Whether the adjustment is sustainable

Employers are not required to fundamentally alter the nature of a role, but they must take meaningful steps where feasible.

Common Types of Reasonable Adjustments

Reasonable adjustments vary depending on individual needs. Common examples include:

Changes to working arrangements

• Flexible working hours
• Hybrid or remote working
• Phased return after sickness absence
• Additional breaks or modified shift patterns

Adjustments to duties or role structure

• Redistribution of tasks within a team
• Adjusted performance targets
• Temporary reassignment of duties

Workplace adaptations

• Accessible workstations
• Improved lighting or ergonomic equipment
• Relocation to a more accessible part of the building

Assistive technology and support

• Screen readers or magnification software
• Specialised keyboards or input devices
• British Sign Language interpreters
• Provision of accessible formats for documents

Recruitment-related adjustments

• Extra time in assessments
• Alternative interview formats
• Adjusted testing conditions

These adjustments are intended to ensure disabled employees are not placed at a substantial disadvantage compared to others.

Employer Duty and the Standard of “Reasonableness”

The concept of reasonableness is assessed objectively and depends on context. Tribunals consider:

• The employer's financial resources
• Availability of external support (such as government schemes)
• Practical impact on business operations
• Whether alternatives exist
• Consultation with the employee

Smaller employers may not be expected to implement costly structural changes, but they are still expected to explore alternative solutions.

Government support such as Access to Work may assist with funding equipment or support, but does not remove the employer's legal duty to make adjustments.

Process for Requesting Reasonable Adjustments

There is no fixed legal procedure, but the following steps commonly apply:

Step 1: Identification of need

The employee discloses a disability or the employer becomes aware of it through medical information, absence patterns, or performance issues.

Step 2: Discussion and assessment

Employers should engage with the employee, and often occupational health professionals, to identify barriers and potential solutions.

Step 3: Implementation of adjustments

Agreed adjustments should be implemented promptly where feasible.

Step 4: Review

Adjustments should be monitored and updated where necessary, particularly if the condition or job role changes.

Employer Failure to Make Reasonable Adjustments

Failure to make reasonable adjustments can lead to:

• Employment tribunal claims for disability discrimination
• Compensation awards for injury to feelings and financial loss
• Findings of unlawful treatment affecting promotion, dismissal, or recruitment decisions

Tribunals will assess whether the employer took reasonable steps, not whether the adjustment was perfect.

Common Employer Defences

Employers may argue:

• The adjustment was not reasonable due to cost or disruption
• The employee was not disabled under the Equality Act definition
• The employer did not know and could not reasonably have known about the disability
• The adjustment would not have removed the disadvantage

Each case is fact-specific and assessed individually.

Time Limits for Claims

Most employment tribunal claims under the Equality Act must be brought within:

• 3 months less one day from the act complained of

Before bringing a claim, individuals are generally required to contact ACAS Early Conciliation, which pauses limitation periods.

Practical Risks for Employers

Non-compliance can result in:

• Tribunal compensation awards (unlimited for discrimination claims)
• Reputational damage
• Increased employee turnover
• Enforcement action in regulated sectors
• Increased scrutiny from regulators or auditors

Common Questions from our Readers

Do employers have to pay for reasonable adjustments?

Yes, employers are responsible for costs, although external schemes like Access to Work may contribute.

Can an employer refuse a request?

Yes, but only if the adjustment is not reasonable in the circumstances. They must still consider alternatives.

Do adjustments have to be permanent?

No. Adjustments can be temporary, especially during recovery or fluctuating conditions.

What if the employee refuses suggested adjustments?

Employers should still consider alternatives and ensure decisions are evidence-based and non-discriminatory.

Key Takeaways

The duty to make reasonable adjustments under the Equality Act 2010 requires employers in England and Wales to remove or reduce workplace disadvantages faced by disabled employees. Adjustments may include changes to working hours, duties, equipment, or workplace structures. The test of reasonableness depends on practicality, cost, and effectiveness. Failure to comply may result in employment tribunal claims and significant legal consequences.