Reasonable Adjustments: Complete UK Employer Guidance

The Legal Duty

The duty to make reasonable adjustments arises under the Equality Act 2010 (section 20). It is the primary mechanism through which the Act ensures disabled people can access employment on equal terms.

The duty has three separate requirements (limbs):

1. Provision, criterion, or practice (PCP): Adjust or remove a working rule or practice that puts a disabled person at a substantial disadvantage compared to non-disabled people.
2. Physical feature: Remove, alter, or provide a reasonable means of avoiding a physical feature of the workplace that puts a disabled person at a substantial disadvantage.
3. Auxiliary aids: Provide an auxiliary aid or service (e.g., software, equipment, or a support worker) where its absence puts a disabled person at a substantial disadvantage.

When the Duty Arises

The duty arises when the employer knows, or could reasonably be expected to know, that:

• The employee has a disability, AND
• The employee is likely to be placed at a substantial disadvantage without adjustments

The employer does not need to be told formally. The EHRC Code says employers must do all they can reasonably be expected to do to find out whether this is the case — for example, it is likely to be reasonable to discuss with a worker whether visible difficulties at work are connected to a disability.

What Is "Reasonable"?

Reasonableness is assessed on a case-by-case basis. The EHRC Statutory Code of Practice identifies relevant factors:

• Effectiveness: How likely is the adjustment to remove the disadvantage?
• Practicability: Is it practical to make?
• Cost and disruption: What are the financial and other costs, and how much disruption will it cause?
• Employer's resources: The extent of the employer's financial and other resources, and the type and size of the organisation
• Availability of financial/other assistance: For example, help through Access to Work

Important: The duty is to make adjustments that are reasonable — not every possible adjustment, and not any adjustment the employee requests. Access to Work does not replace the employer's own legal duty.

The Interactive Process

Good practice is an interactive process — a genuine, open conversation between employer and employee to identify the most effective adjustments.

Step 1: Recognise the Trigger

Has the employee disclosed a disability? Has sickness absence or performance raised a question? Has OH referred the employee?

Step 2: Invite a Conversation

Do not wait for the employee to formally request an adjustment. Proactively invite them to discuss their needs:

> "I want to make sure you have everything you need to do your job well. Can we set some time aside to discuss how we can support you?"

Step 3: Gather Information

• Ask the employee what adjustments they think would help
• Consider occupational health advice (OH referral is appropriate for complex cases — note that OH advises the employer, it does not make decisions for the employer)
• Consult Access to Work if specialist equipment or support may be needed

Step 4: Agree Adjustments

Document the agreed adjustments in writing (a reasonable adjustments passport is an ideal vehicle). Be specific about:

• What the adjustment is
• How long it will be in place
• Review date

Step 5: Review

Schedule a review. Adjustments should be reviewed (not removed) at agreed intervals and whenever circumstances change. A review is an opportunity to assess what is working and make changes.

Common Adjustments by Category

Working Arrangements

• Flexible start/finish times
• Part-time or compressed hours
• Remote/hybrid working
• Phased return to work after absence
• Moving the employee to a different role (where no adjustment would enable them to continue in their current job)

Physical Environment

• Accessible parking space
• Ergonomic chair or desk
• Quiet workspace
• Reduced lighting at workstation

Equipment and Technology

• Screen reader software (JAWS, NVDA)
• Speech-to-text software (Dragon)
• Adjustable monitor stand
• Specialist keyboard or mouse
• Large-print materials

Task and Process Adjustments

• Written instructions for complex tasks
• Extra time for written work
• Reduced pace or adjusted targets during recovery periods
• Buddy system or job coaching

Communication Adjustments

• BSL interpreter for meetings
• Written meeting agendas in advance
• Written rather than verbal feedback

When the Employer Can Decline

An employer can decline to make an adjustment if it is not reasonable. Factors that may make an adjustment unreasonable:

• Prohibitive cost relative to employer size (though Access to Work may weaken this argument)
• Adjustment would fundamentally alter the nature of the role
• Adjustment is impractical given the physical environment

However: The Act does not allow a failure to make a reasonable adjustment to be justified. And under the Act's burden-of-proof rule, once an employee shows facts from which a tribunal could decide the duty was breached, it is for the employer to show it was not. Employers should be able to show they genuinely explored alternatives before declining.

Disagreements

If an employee and employer disagree about whether an adjustment is reasonable:

1. Escalate internally — HR or a more senior manager should review the decision, or the employee can raise a formal grievance
2. Occupational health review — an independent OH assessment can provide a neutral view
3. Acas early conciliation — an Acas conciliator tries to help both sides reach an agreement; Acas must be notified before a tribunal claim can be made
4. Employment Tribunal — in most cases, claims must be started within 3 months minus 1 day of the failure to adjust (notify Acas within that time limit)

Key Cases

Sources: Equality Act 2010 (sections 20, 123, 136 and Schedule 8); EHRC Employment Statutory Code of Practice (2011); Acas guidance on reasonable adjustments, early conciliation and discrimination claims; GOV.UK Access to Work.