Definition
Changes an employer must make to remove or reduce disadvantages faced by disabled employees or job applicants. The duty to make reasonable adjustments is set out in Sections 20-22 of the Equality Act 2010.
UK Context
The duty to make reasonable adjustments is set out in Sections 20-22 of the Equality Act 2010 and supported by the EHRC Employment Statutory Code of Practice. The Access to Work scheme can provide funding for adjustments beyond what is considered reasonable for the employer to fund alone. Failure to make reasonable adjustments is unlawful discrimination with uncapped compensation.
Best Practices
- Respond promptly to requests for adjustments — delays can themselves constitute a failure to make reasonable adjustments
- Seek occupational health advice to understand the employee's needs and the effectiveness of potential adjustments
- Apply for Access to Work funding for adjustments that go beyond what is reasonable for the employer to fund alone
- Review adjustments regularly to ensure they remain effective as the employee's condition or circumstances change
- Do not count disability-related absence against absence management triggers such as the Bradford Factor
Frequently Asked Questions
What counts as a disability under the Equality Act?
A disability is a physical or mental impairment that has a substantial and long-term (lasting or expected to last 12 months or more) adverse effect on the person's ability to carry out normal day-to-day activities. Certain conditions — including cancer, HIV, and multiple sclerosis — are automatically classified as disabilities.
Can an employer refuse to make an adjustment?
An employer can only refuse an adjustment if it is not reasonable in the circumstances. Factors considered include cost, practicability, effectiveness, and the employer's resources. Small employers may have a lower threshold for what is considered reasonable than large organisations. If the adjustment is reasonable, the employer must make it.
What is Access to Work?
Access to Work is a government scheme administered by the Department for Work and Pensions that provides funding for practical support for disabled people in employment. It can cover specialist equipment, workplace adaptations, support workers, travel to work costs, and communication support. It supplements (not replaces) the employer's own duty.