Workplace Reasonable Adjustments: An Employer's Guide

The Equality Act 2010 defines disability as any ‘Physical or mental impairment that has a substantial and long term adverse effect on ability to carry out normal day to day activities.

Reasonable adjustments at work refer to alterations adapted equipment within the workplace or to work processes and to the premises itself.

The aim of reasonable changes is to ensure your disabled employees aren't at a substantial disadvantage compared to the rest of your able-bodied staff.

According to the Equality Act 2010, reasonable adjustments aren’t limited to the work itself. It could also be to the recruitment process or to policies relating to illnesses including mental health problems, absences and discipline.

In this piece, we’ll define reasonable adjustments and highlight some examples of it in the workplace. And finally, we'll explore the possible implications of failing to make these adjustments when necessary.

If you need immediate practical support on making reasonable adjustments in your workplace, get in touch with one of Croner's experts here or call 0844 561 8133 and quote your partnership number.

What is ‘reasonable adjustment’?

Reasonable adjustments under the Equality Act 2010 requires you to take appropriate steps to eliminate or minimise to avoid the disadvantages experienced by disabled employees.

Adjustments will differ depending on the specific circumstance of the member of staff.

For example, what is a reasonable adjustment for an employee experiencing constant back problems?

In this case, may include providing that employee with a special back-supporting chair or change their working pattern so day to day activities allow for more breaks.

Some other examples include:

• Providing specialist equipment, including chairs and keyboards.
• Allowing for flexible or remote working.
• Reorganising tasks and responsibilities to account for an employee’s disability.
• Reviewing working hours to allow for more breaks.
• Changing aspects of the work environment,such as lighting, desks, entrances and more.

How to be compliant with reasonable adjustments?

When you start to look at your workplace and identify areas where reasonable adjustments are applicable.

You should keep a detailed written record of the changes that you've implemented, and discuss with the employee concerned.

In these records you should state which changes have been made, how they are to be maintained, and when they should be reviewed to ensure that they are still effective.

At this stage you should also look into your company's  internal policies and handbooks.

You should ensure that any employee or worker who requires a reasonable adjustment isn't at a substantial disadvantage.

For example, you could implement a phased return to work after an illness, or flexible working.

Reasonable adjustments and recruitment

You’re required to make them where needed, even during the recruitment phase.

During this stage, you’re allowed to ask questions such as ‘do you require any reasonable adjustments during the recruitment process?’ if they have any disabilities that are likely to put them at a disadvantage compared to other applicants.

If they do, it’s your duty to make reasonable adjustments for their disability, whether related to physical health or any mental health condition , this should be included in relation to the application process and interview stages.

Reasonable adjustment examples at this stage include:

• Providing access for wheelchair users when attending an interview. Alternatively, you can also make changes to the interview location for their convenience.
• Adapting your assessment methods to account for certain disabilities. For example, an applicant with vision impairment may require the assessment in braille, while someone with Asperger’s syndrome may require their assessment in a different format to better explain themselves.

It’s worth noting, you should consider consulting with a job applicant about any disabilities they may have and what special arrangements they may require in order to offer them the same opportunities as nondisabled applicants.

Declaring a medical disability 

Your employees or prospective employees don’t have to disclose to you that they have a disability, unless it has a direct impact on their work. Your employees can disclose the disability at any time they choose, whether that be before or after their employment has started with you. 

As an employer you have a legal responsibility to support your employee by implementing reasonable adjustments when you are made aware of the disability. You are also responsible for protecting your employee from disability discrimination, including direct discrimination where you employee is treated less favorably because of their disability. 

Following this, managers and employers should remember the following points when their employees disclose a long term illness or disability to them. 

• Individual experiences are unique. 
• Any employee has no obligation to go into detail about their disability. 
• Employers should avoid asking for information that isn’t relevant to providing the employee with support.
• Employers and managers should ensure that any information disclosed is kept confidential, and only speak to others about the disability with the employee’s consent. 
• Avoid giving medical advice or opinions on illnesses and disabilities. 

How to ask candidates about reasonable adjustments?

A larger company has the capacity to make greater adjustments, and therefore, is expected to do so.

The best starting point for considering many reasonable adjustments, is to ask if reasonable adjustments will need to be made to accommodate the individual during their interview.

DO NOT ask the individual to disclose a disability as this is a breach of the Equality Act 2010, and you could face a discrimination claim as a result.

If the individual is offered the role, you can inquire as to whether those adjustments will also be suitable for them to take on the role.

So, to summarise, the vast majority of your disabled workers and employees will not require costly workplace adjustments to be made to accommodate them.

For those who do require adjustments, the cost is often minimal, and even then, employers can get access to support and funding from the government.

Failure to make reasonable adjustments

Under the Equality Act 2010, failing to comply with your statutory duty to make reasonable adjustments may result in claims of disability discrimination.

If found to be in breach, compensation for a disability discrimination claim is unlimited and is dependent on the employee losses and injury to feeling.

There are various instances where employers have failed in their duty to make adjustments around the workplace or to work processes.

When this occurs, they’re inevitably opening themselves up to claims of discrimination in an employment tribunal.

Employees or job applicants that experience discrimination can make a claim to an employment tribunal based on their disability.

They should first consider having a conversation or making a formal complaint with their employer or HR consultant before escalating the case to an employment tribunal.

When are reasonable adjustments not applicable?

The one constant with adjustments is they need to be considered reasonable.

While you can’t justify failure to make them, you can argue that adjustments were unreasonable.

You’re within your rights to refuse adjustments if you believe them to be unreasonable.

However, if an employee decides to claim for discrimination, you're required to prove the adjustment requested was unreasonable.

How do I cover the costs of making reasonable adjustments?

As an employer, you are responsible for covering the costs of reasonable adjustments in your workplace.

With this in mind you should calculate an appropriate budget to cover the needs of your employees or job applicants.

If an adjustment is too expensive for you to reasonably cover, you can look into a cheaper option that may still classed as reasonable adjustments.

You should at this stage, accept recommendations or feedback from a medical professional and from your employees.

Following this you may be eligible for various Government schemes such as Access to Work, where employers could receive a grant to cover the costs.

Expert Advice

Have questions about reasonable adjustments? Our Experts are on hand to help you put in the right measures to help your employees in your workplace.

From document reviews to help with implementing reasonable adjustments without leaving your employees at a substantial disadvantage.

Speak to a Croner's experts here or call 0844 561 8133 and quote your partnership number.