Understanding reasonable adjustments

In the evolving workplace landscape, UK employers are increasingly encountering employees seeking changes to their work environment, place or hours of work, or duties.

To avoid a claim for discrimination it is essential for employers to recognise when these requests are based on the employee’s need to manage a disability, and to respond appropriately.

The legal position

The duty of reasonable adjustments extends beyond employees to include “workers”, job applicants, contract workers, office holders, and LLP members.

The Equality Act 2010 defines a disability as:

• a physical or mental condition
• that is long-term (lasting or expected to last more than 12 months)
• which substantially affects the individual’s ability to perform normal day-to-day activities

Over the last few years, diagnoses have been on the increase for mental health conditions which can often meet the criteria for disability such as autism, anxiety and depression.

Under the Equality Act 2010, employers have a duty to make modifications or “reasonable adjustments” if they are aware of an employee’s disability and if that employee faces substantial disadvantages in the workplace because of their disability compared to their non-disabled colleagues.

The aim of the legislation is for employers to alleviate the disadvantage experienced by the disabled employee to the extent that it is reasonable to do so. These disadvantages may stem from physical features of the employer’s premises, such as access to the premises, office layout, lighting, or the absence of auxiliary aids like sit/stand desks.

The disadvantage can also arise due to specific work performance requirements, referred to as a provision criterion or practice (PCP).  A PCP can include, for example, a requirement for full-time office-based work, or to work shift patterns, or the application of a sickness absence policy.

Dealing with requests for adjustments

When employers receive a request for modifications, the initial step should be to engage in a dialogue with the employee. It is important for employers to remember that one size does not fit all, and the adjustments must be considered in relation to the individual employee’s disadvantage.

Understanding the specific needs of the employee is crucial, so employers must avoid making assumptions or hasty decisions. It’s vital to listen to the employee to comprehend their issues fully.

Employers should also be open to suggesting adjustments and exploring alternative solutions if the initial request is not feasible. A trial period may be beneficial to evaluate the practicality of the adjustment and whether it alleviates the disadvantage experienced by the employee.

Consulting with the employee’s GP or an occupational health expert can provide valuable insights into what adjustments may be necessary. This professional input can guide employers in making informed decisions about reasonable accommodations.

Reasonable adjustments can vary greatly but may include:

• Altering working hours, including the pattern and number of hours worked weekly.
• Implementing hybrid home working arrangements.
• Adjusting start and finish times for flexibility and to reduce travelling time.
• Modifying duties without changing the job’s core nature.
• Establishing job share arrangements.
• Allowing more frequent breaks.
• Relocating workspaces to quieter areas or away from overhead lighting.
• Providing adapted equipment or modifying equipment such as software, chairs, desks, and computer screens.
• Modifying instructions and providing additional supervision or support
• Modifying procedures for testing or assessment

Employers need not make adjustments that are unreasonable, and it will only be reasonable to make an adjustment if it could remove or alleviate the disadvantage for that employee.

However, if the adjustment is reasonable then the employer cannot then seek to justify the failure to make the adjustment.

When assessing reasonableness, several factors should be considered, such as whether the adjustment will be effective, its practicality, affordability given the employer’s resources, potential harm to the health and safety of others, and the level of disruption to the employer’s activities.

Should a dispute arise, and a claim be made, an employment tribunal will objectively determine whether the adjustment sought was reasonable under the specific case circumstances, considering these factors in its decision-making process.

If adjustments cannot be made, employers are still obliged to consider and discuss alternative roles that may be more suitable for the employee. This proactive approach can prevent potential disputes escalating and demonstrates a commitment to inclusivity.

Any agreed-upon adjustments should be documented in writing. It’s advisable for employers to periodically review these adjustments to ensure they remain effective, and that the employee can perform their role optimally.

Employers should consider implementing a policy for handling requests for reasonable adjustments. Such a policy can streamline the request process, ensure consistency, and empower managers to address requests confidently. A clear policy also assists employees in articulating their needs.

Summary and Checklist for Employers

1. Determine if the request is for reasonable adjustments due to a disability.
2. Familiarise yourself with the legal framework under the Equality Act 2010, which defines disability and the employer’s duties.
3. Arrange a discussion with the employee to understand their specific needs and potential adjustments.
4. Avoid assumptions; listen to the employee’s suggestions and needs.
5. Seek advice from the employee’s GP or occupational health experts to understand necessary adjustments.
6. Consider potential adjustments like flexible working hours, hybrid working, job sharing, or adapted equipment.
7. Make suggestions and consider trial periods for proposed adjustments.
8. Evaluate if the adjustment will:
   • Mitigate the disadvantage.
   • Be practical and affordable.
   • Ensure safety and minimise disruption.
9. If adjustments can be made, agree on them in writing.
10. In case of disagreement, explore alternative solutions and roles.
11. Implement agreed adjustments and set a schedule for reviewing their effectiveness.
12. Establish a policy outlining the process for requesting adjustments to ensure consistency and clarity.
13. Contact the employment team at BTO for guidance on complex requests or policy implementation.

By understanding and effectively managing requests for reasonable adjustments, employers not only comply with legal requirements but also foster a supportive and inclusive workplace culture. This approach benefits both the organisation and its employees, enhancing overall productivity and morale.

This update contains general information only and does not constitute legal or other professional advice.