Supporting disabled employees with reasonable adjustments; are you doing enough?

Government data shows one in four (23%) of the working-age population are classed as disabled, meaning there are 5.5 million people in work who are disabled.

Putting in place reasonable adjustments for disabled workers is an effective way to remove the practical barriers they face at work and ensure they are able to reach their full potential.

However, a recent survey of 1,000 disabled workers, carried out by the Trades Union Congress (Disabled workers’ access to reasonable adjustment) found that over half (55%) of disabled workers who had put in a reasonable adjustment request had either only some of their request implemented, or none at all.

Failing to provide reasonable adjustments for disabled workers, not only risks forcing people out of work, it also places employers at risk of legal challenges for failing to meet their requirements under the Equality Act 2010.

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.

The duty to make reasonable adjustments aims to make sure that, as far as is reasonable, a disabled worker has the same access to everything that is involved in doing and keeping a job as a non-disabled person.

Many factors will be involved in deciding what adjustments to make and they will depend on individual circumstances. Different people will need different things, even if they appear to have the same or similar disabilities.

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.

How are reasonable adjustments determined?

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 practical solutions.

1. Communicate with the employee

Start by discussing the employee’s condition(s) 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, a 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

Employers must make reasonable adjustments to make sure workers with disabilities, or physical or mental health conditions, are not substantially disadvantaged when doing their jobs.

Not all adjustments are costly or time-consuming and many are easily achievable.

Examples of reasonable adjustments include:

• doing things another way, such as allowing someone with social anxiety disorder to have their own desk instead of hot-desking, distributing work differently within a team, finding a different way to train someone if they find classroom-based training difficult.

  
  

• making physical changes to the workplace, like lowering shelving for a wheelchair user, installing an audio-visual fire alarm for a deaf person or providing an accessible car parking space.

  
  

• changing working arrangements, such as working patterns, distributing someone's breaks more evenly across the day, providing paid time off for medical appointments and treatment, flexible working e.g. at home or hybrid working, and a phased return to work after absence.

  
  

• providing equipment, services, or support, for instance providing voice-input software or a specialist keyboard if they have arthritis, providing information in different formats, such as audio or large font, giving one-to-one support, for example to help someone prioritise their work, offering employees training opportunities and refreshment facilities.

An employer who fails to meet their legal duty under the Equality Act 2010 to make reasonable adjustments is in breach of the law and could be taken to an employment tribunal.

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.

If you need expert guidance on making reasonable adjustments or improving the physical accessibility of your premises, please contact us by clicking on the 'Get in touch button' on the right. We can help you ensure compliance while creating an inclusive workplace.