Reasonable adjustments: an HR guide

Reasonable adjustments stand as an essential component for equality and fair treatment in the workplace. For HR professionals, understanding the nuances of this legal duty is important for fostering a truly inclusive workplace. The principle of reasonable adjustments is to remove or reduce the disadvantage faced by a disabled employee. While this may seem simple, the application can be complex. A key point for HR professionals to remember is that an adjustment is only deemed reasonable if it is likely to help. 

We have created this guide to support business owners in understanding what reasonable adjustments are, how they are defined under the Equality Act 2010 and examine real-world examples. We will also explore the circumstances in which employers are not required to make adjustments and provide advice on how you can empower your business to navigate reasonable adjustments with confidence. 

What are reasonable adjustments? 

A reasonable adjustment is a change that an employer must make to a job or workplace to ensure that a disabled employee is not at a substantial disadvantage compared to a non-disabled employee.  

These adjustments can take many forms, from simple, low-cost solutions to more significant, structural changes. They are about creating a level playing field, enabling an employee to perform their job effectively despite their disability. The goal is to remove barriers that would otherwise prevent them from doing their best work. 

Examples of common reasonable adjustments include: 

• Changes to working arrangements, including offering flexible hours, part-time work or the option to work from home 

• Supplying specialist software, an ergonomic chair, or a screen magnification tool 

• Physical alterations such as installing a ramp, adjusting desk height or modifying a restroom 

• Making changes to roles or duties, for example, reallocating a minor duty that is difficult for the employee to perform 

• Providing extra support like a mentor, allowing a support dog in the workplace or providing a reader for a visually impaired employee 

The reasonableness of an adjustment is assessed on a case-by-case basis. Factors considered include: 

• The cost of the adjustment 

• The size and resources of the employer 

• The practicality of the change  

• Whether it will be effective in reducing the disadvantage

Defining the Equality Act 2010 

The legal obligation for employers to make reasonable adjustments stems from the Equality Act 2010. This landmark piece of legislation consolidated and simplified a range of previous anti-discrimination laws. The Act identifies nine protected characteristics, including age, race, sex, sexual orientation and disability. 

Under the Equality Act, a person is considered disabled if they have a physical or mental impairment that has a substantial and long-term negative effect on their ability to do normal daily activities. 

The Act places a duty on employers to anticipate the needs of disabled employees and job applicants and to proactively consider what adjustments might be necessary. Good practice involves being forward-thinking and creating an environment where employees feel comfortable disclosing a disability and discussing their needs. 

The duty to make reasonable adjustments is distinct from other forms of discrimination outlined in the Act. It is an active duty to address a disadvantage, rather than a passive duty not to discriminate.  

Failure to make a reasonable adjustment can result in a discrimination claim in an Employment Tribunal, which can lead to significant financial penalties and reputational damage. 

When employers should make reasonable adjustments and why

The duty to make reasonable adjustments arises when an employer knows or should reasonably be aware that an employee is disabled and is likely to be put at a substantial disadvantage because of their disability. 

This “ought to know” clause is critical. It means an employer cannot claim ignorance if the disability is obvious or if information has been provided by a third party, such as a doctor or an occupational health report. 

Employers should be proactive in considering adjustments in several key situations: 

1. When an employee discloses a disability, a discussion should be initiated to understand the employee’s needs and what adjustments might help
2. If an employee is struggling with their work or has a high level of sickness absence, and there is a reason to believe this might be linked to a disability, an employer should investigate using an occupational health assessment
3. During the recruitment process, adjustments may be needed for an applicant to attend an interview or to take a test
4. Following a period of long-term sickness absence, a phased return to work or other adjustments can be crucial to a successful reintegration 

As mentioned above, failure to make reasonable adjustments can lead to a discrimination claim. Another, perhaps more important reason to be proactive in making these adjustments is to foster an ethical business with a productive and loyal workforce. A company that supports its employees through challenges demonstrates its values and builds a positive, inclusive culture. This can lead to higher employee retention, better morale and improved productivity.

When employers don’t have to make reasonable adjustments

It is important to note that the duty is not absolute. There are circumstances where an employer is not required to make an adjustment. 

The most important factor is the effectiveness of the proposed adjustment. If a change will not remove or reduce the substantial disadvantage faced by the employee, the employer is not obligated to make it. This is a crucial point that is often misunderstood. 

Other factors that can make an adjustment unreasonable include: 

• If the financial cost of the adjustment is so high that it would significantly impact the business’s viability (this is more likely to apply to small businesses with limited resources) 

• The adjustment is simply not practical or feasible to implement in the specific workplace or role 

• The adjustment would cause significant disruption to the business or to other employees 

• The adjustment would pose a significant health and safety risk to the employee or others 

It is important to note that an employer must provide evidence to support their claims that an adjustment is unreasonable. It cannot be refused without a genuine and justifiable reason. 

Hindmarch vs North East Ambulance NHS Foundation Trust

The case of Hindmarch v North East Ambulance NHS Foundation Trust is a powerful illustration of the principle that an adjustment must be genuinely likely to help the employee in question.  

Mr Hindmarch was a non-emergency ambulance driver who suffered from severe anxiety, which had been exacerbated by the COVID-19 pandemic. He felt too anxious to attend work. During this time, emergency staff were provided with FFP3 masks, a higher-grade personal protective equipment (PPE), while non-emergency staff, including Mr Hindmarch, received FFP2 masks. 

Mr Hindmarch argued that if he had been given an FFP3 mask, he might have felt safe enough to return to work. He was ultimately dismissed for his ongoing absence and brought a claim of disability discrimination, arguing that the Trust had failed to make a reasonable adjustment by not providing him with the FFP3 mask. 

The Employment Appeal Tribunal (EAT) reviewed the case and found in favour of the Trust. They concluded that the provision of an FFP3 mask would not have made a difference to Mr Hindmarch’s attendance. The evidence showed that his anxiety was so severe that the presence of the higher-grade mask would not have been enough to alleviate his underlying fear and allow him to return to his role. The EAT confirmed that an employer is only required to make adjustments that are “practical, realistic, and likely to help.” Since the FFP3 mask would not have removed the disadvantage, it was not a reasonable adjustment for the Trust to make. 

This case is a vital reminder that employers must look beyond the surface of a request. The focus should be on the outcome of the adjustment. If the adjustment will not genuinely enable the employee to perform their role or alleviate the disadvantage, then it may not be considered reasonable. 

How Sapphire HR can help

Navigating the complexities of reasonable adjustments requires a blend of legal expertise, empathetic understanding and strategic planning. As a dedicated HR provider for SMEs nationwide, we provide comprehensive support to ensure your business not only complies with the law but also cultivates a truly supportive and inclusive environment. 

We provide clear, practical advice on your legal obligations under the Equality Act 2010. We can help you identify when the duty to make adjustments arises and what options are truly reasonable for your business. 

Offering case-by-case support, we assist in managing individual cases of reasonable adjustments, helping you to conduct a thorough and fair process, from the initial conversation with the employee to implementing and reviewing the adjustments. 

We can also help you draft and implement robust and clear policies on disability and reasonable adjustments, ensuring all managers and employees understand their rights and responsibilities. 

In the unfortunate event of a dispute, we can provide expert support, helping you to build a strong defence and, where possible, resolve the issue before it escalates to an Employment Tribunal. 

The duty to make reasonable adjustments is a critical aspect of modern employment law. By understanding the principles and partnering with experts like ourselves, you can ensure your business is creating a fair and equitable workplace for everyone. 

Contact us today us today for trusted, professional HR advice.