What an Employer Needs to Know About Reasonable Adjustments in Employment in England and Wales

As an employer, the law requires you, in certain circumstances, to make reasonable adjustments for your employees and job applicants where they have a disability or a mental or physical health condition. If you fail to do so or refuse employees’ or job applicants’ requests, this could be disability discrimination. In such instances, your disabled employee may take you to an employment tribunal. You must, therefore, be aware of what reasonable adjustments are and the rules surrounding them so you can ensure that you carry out your legal obligations. This article will explain what you need to know about reasonable adjustments in employment in England and Wales. 

What Are Reasonable Adjustments?

When your employee or job applicant has a disability or a physical or mental health condition, this may cause a disadvantage in carrying out their job role or when applying for work. A ‘substantial disadvantage’ is a disadvantage that affects an individual in more than a ‘minor or trivial’ way. Therefore, a reasonable adjustment reduces or removes this disadvantage by making a change. It allows your employee to carry out their job role as well as someone who does not have their disability or physical or mental health condition. 

The term ‘reasonable’ will vary depending on the circumstances, as well as your business. Generally speaking, what is reasonable will depend on whether:

• your business can afford to pay for the adjustment;
• the adjustment does not cause harm to others’ health and safety;
• you can practically make the adjustment; and
• the adjustment will make a difference to the person with a disability by removing or reducing the disadvantages they experience.

Additionally, reasonable adjustments could look like the following:

1. Your employee has a visual impairment, classed as a disability. As such, you provide them with written material in a larger font.
2. Your employee has a problem with their back, classed as a disability, so you provide them with an adjustable chair.
3. Your job applicant uses a wheelchair, classed as a disability, so you change the interview room to one on the ground floor as your lift is not working.

When Should an Employer Make Reasonable Adjustments?

Reasonable adjustments apply to all your workers, including: 

• contract workers; 
• trainees; 
• apprentices; and 
• business partners. 

They also apply where your staff member has recently developed a disability or a physical or mental health condition.

You are legally required to consider making reasonable adjustments, provided they are indeed reasonable, where any of the following applies:

• your employee or job applicant requests an adjustment due to their disability;
• you know that your employee or job applicant has a disability or you ought to have known;
• your employee is struggling with their job, and they have a disability; or
• your employee’s disability is causing them to be absent, sick or delayed in returning to work.

Where your employee has a disability, you should consider the need for reasonable adjustments. Notably, failing to consider making a reasonable adjustment falls under workplace discrimination. Discrimination could lead you to face an employment tribunal. It is good practice to make reasonable adjustments even when unsure whether or not your employee or job applicant’s condition fits within the disability classification.

If you are unsure what reasonable adjustments are required, you may consider an occupational health assessment. Also, when considering reasonable adjustments, you may decide to conduct research first to see your options and get various quotes. Finally, you may ask your employee to apply for an Access to Work grant to help pay for any adjustments.

Reasonable Adjustment Records

Whilst, not a legal requirement, if you do make reasonable adjustments, it is good practice to give each employee a reasonable adjustment passport. The passport provides employees with an ongoing record of what has changed and allows them to share this with new staff. In addition, it can help ensure that your employees’ reasonable adjustments are in date, practical and done correctly.

Key Takeaways

As an employer, you are responsible for ensuring that reasonable adjustments are made where necessary for employees and job applicants with a disability or a mental or physical health condition. You must also pay the cost of these. The adjustment could be to the equipment they are using or the format in which you provide information. When considering reasonable adjustments, you need to consider whether or not they are reasonable, which includes, for example, whether they can be practically made. There are also times when you are not required to make reasonable adjustments, such as when doing so would change the overall nature of your employee’s job role.

If you need help understanding your employment obligations in England and Wales, our experienced employment lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. So call us today on 0808 196 8584 or visit our membership page.

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