As outlined in the section above, a ‘reasonable adjustment’ is a change made to the working environment, or working processes, that helps a disabled employee to fulfil their duties. Failing to do so is one of the most common types of disability discrimination.
When assessing whether or not ‘reasonable adjustments’ need to be made, usually an employer will ask some key questions:
- Do they need to change how things are done?
- Do they need to physically change the workplace to make it more accessible?
- Do they need to provide extra equipment or assistance for the disabled employee?
Some adjustments will be simple and cheap to implement, and some even cost nothing. An employer will never be required to change the basic nature of a job, but where ‘reasonable adjustments’ need to be made, the employer will be required to foot the bill.
Examples of a ‘reasonable adjustment’
A ‘reasonable adjustment’ might include:
Changing the terms and conditions or working arrangement for a disabled employee
This can include:
-
- Changing hours
- Changing shift patterns
- Supporting flexible working arrangements
Making physical changes to the workplace to make it more easily accessible
This can include:
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- Rearranging furniture and equipment
- Adding handles and support rails to access routes to make it easier for disabled employees to move around the building
Providing extra equipment
Such as supplying a disabled employee with a computer they can use to work from home when they need to
Employing a support worker
To provide additional assistance and support a disabled employee when working outside of the main workplace
The decision of what (if any) adjustments will be made ultimately sits with the employer. It’s advisable for employers to seek medical advice during the decision-making process so that they can make sure any changes made will benefit the employee.
Places to seek advice include:
- An independent occupational health specialist
- The employee’s GP
- The Government’s Fit for Work guidance
In any case, the employer will need to focus on the employee’s ability to function on a day-to-day basis rather than focusing on a medical diagnosis.
What are unreasonable adjustments?
Whilst the employer has a legal duty to make ‘reasonable adjustments’ that will support their disabled employees, sometimes the changes requested are unreasonable. In this case, the employer can refuse to make them.
Whether requested adjustments are reasonable or unreasonable depends on a number of factors, including:
- Are the changes practical for the employer to make?
- Does the employer have the resources to pay for them?
- Will they actually help to remove or reduce the ‘disadvantage’ in the workplace?
- Will they negatively impact the health and safety of others in the workplace?
‘Reasonable adjustments’ can be a complex area of disability to navigate. You can find more advice in the Statutory Code of Practice from the Equality and Human Rights Commission, or by calling the Acas Helpline on 0300 123 1100.
Support for ‘reasonable adjustments’ – Access to Work
Access to Work is a government scheme that can help by providing advice (and sometimes financial support) for employers needing to make reasonable adjustments for an employee.
The scheme may contribute to, or cover the cost of, workplace adjustments such as specialist equipment, a support worker for the disabled employee, or specialist travel costs for getting to and from work if the employee can’t use public transport.