When must employers make reasonable adjustments?
Under the Equality Act 2010, employers must make reasonable adjustments when they know, or could reasonably be expected to know, that a worker or job applicant is disabled and is likely to be put at a substantial disadvantage by a working practice, a physical feature or the lack of an auxiliary aid. The employer pays for the adjustments.
The three requirements
Section 20 of the Act sets out three requirements. Employers should take reasonable steps to avoid a substantial disadvantage caused by a provision, criterion or practice, or by a physical feature, and to provide an auxiliary aid where one is needed. Information should be provided in an accessible format where relevant.
A person is 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. Long-term generally means it has lasted, or is likely to last, at least 12 months.
When the duty arises
The duty does not apply if the employer did not know, and could not reasonably be expected to know, about the disability and the disadvantage. Acas says employers should make adjustments when, for example:
- a disabled worker or job applicant asks for them
- a disabled person is having difficulty with any part of their job
- absence, sickness or a delayed return to work is linked to a disability
What counts as reasonable
Acas says employers should consider whether an adjustment will remove or reduce the disadvantage, is practical, is affordable and could harm the health and safety of others. Employers do not have to change the basic nature of the job, but if one adjustment is not reasonable they should look for others that are.
Examples from GOV.UK and Acas include changes to recruitment, adapted equipment, different working patterns, a phased return to work, and flexible, home or hybrid working.
Cost and Access to Work
The law says employers cannot ask the disabled person to pay for the adjustments. Access to Work grants can help with practical support, but GOV.UK states that Access to Work will not pay for reasonable adjustments, which employers must legally make.
The law
“to take such steps as it is reasonable to have to take to avoid the disadvantage…”
“substantial and long-term adverse effect on P's ability to carry out normal day-to-day activities…”
“A is not subject to a duty to make reasonable adjustments if A does not know…”
Sources
- Reasonable adjustments for workers with disabilities or health conditions · GOV.UK
- Reasonable adjustments at work · Acas
- Definition of disability under the Equality Act 2010 · GOV.UK
- Access to Work: get support if you have a disability or health condition · GOV.UK
General information for employers in Great Britain, not legal advice. Check the official sources for your situation.
What employers can do
- Ask candidates and staff whether they need adjustments, and record the request and the outcome
- Talk to the person rather than making assumptions, and seek occupational health advice where useful
- Assess each adjustment for effectiveness, practicality, cost and health and safety
- Confirm agreed adjustments in writing and review them regularly
- Brief new managers on existing adjustments when someone changes team
- Consider adjustments before starting absence, capability or disciplinary action linked to a disability
Recent tribunal decisions on this topic
Tribunal tracker- Dedienne Aerospace UK Ltd Breach of contractDisability discriminationUnlawful deduction from wages Read the decision on GOV.UK
- Betsi Cadwaladr University Local Health Board Disability discriminationPublic interest disclosureUnfair dismissal Read the decision on GOV.UK
- The First Element Group Ltd Disability discrimination Read the decision on GOV.UK
Being listed does not mean a claim succeeded. Read the decision for the outcome; decisions can be reconsidered or appealed. If a listing concerns you, or a decision has since been anonymised or removed, tell us and we will review it and remove it where appropriate.
Related answers
- How can employers support neurodivergent employees? Neurodivergence is not a protected characteristic in its own right, but Acas says it will often amount to a disability under the Equality Act 2010, bringing protection from discrimination and a right to reasonable adjustments. Employers should offer support with or without a diagnosis, agree individual adjustments and make recruitment, management and policies neuroinclusive.
- How should employers manage long-term sickness absence? Employers should keep in touch as agreed with the employee, get medical evidence such as an occupational health assessment or, with consent, a GP report, consider whether the employee is disabled and make reasonable adjustments, and explore a phased return or role changes. GOV.UK and Acas describe dismissal for ill health as a last resort after a fair process.
- What are the protected characteristics under the Equality Act 2010? The Equality Act 2010 lists nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. In Great Britain, employers must not discriminate against job applicants, workers or former workers because of any of them.