Having an inclusive environment is essential for employee wellbeing and business success. One critical aspect of achieving this is ensuring that employees with disabilities are supported with reasonable adjustments.
But what exactly does this entail, and how can businesses implement these adjustments effectively?
In this article we explore an employer’s obligations from legal requirements to practical solutions.
What Are Reasonable Adjustments?
Reasonable adjustments are modifications made in the workplace to accommodate employees with disabilities, ensuring that are not placed at a disadvantage compared to their colleagues. These changes are intended to remove barriers and provide equal opportunities to enable employees to thrive in their roles.
Under the Equality Act 2010, employers have a legal duty to make reasonable adjustments for employees with a disability. This legal obligation plays a crucial role in creating inclusive workplaces, promoting employee wellbeing, and minimising the risk of discrimination claims.
Reasonable adjustments not only ensure that businesses comply with the law, but also contribute to a positive workplace culture where everyone can perform to their best potential.
The Legal Framework: Employer Responsibilities & Employee Rights
Who Is Covered?
The Equality Act 2010 protects employees with disabilities. This is defined as individuals who have a physical or mental impairment that has a substantial and long-term effect on their ability to carry out normal day-to-day activities.
“Substantial” is defined as more than minor or trivial (e.g. it takes much longer than it usually would to complete a daily task like getting dressed).
“Long-term” is defined as having suffered from, or likely to suffer from the condition for more than 12 months (e.g. a breathing condition that develops as a result of a lung infection).
This includes employees with conditions such as (but not limited to):
- Attention Deficit Hyperactive Disorder [“ADHD”]
- Anxiety
- Arthritis
- Autism Spectrum Disorder [“ASD”]
- Depression
- Dysgraphia
- Dyslexia
- Dyspraxia
- Post Traumatic Stress Disorder [“PTSD”]
- Tic disorders
- Tourette’s Syndrome
What Qualifies as a Reasonable Adjustment?
A reasonable adjustment helps remove or reduce the disadvantages faced by an employee with a disability. They key word here is ‘reasonable.’ As such, these adjustments vary based on several factors, including:
- Cost – The employer’s financial resources available and the cost of implementing the adjustment.
- Practicality – How feasible the adjustment is within the workplace.
- Effectiveness – How effective the change is in avoiding the disadvantage.
- Size – The employer’s size.
When Should Adjustments Be Made?
Employers should consider reasonable adjustments at various points, including:
- During Recruitment – Adjustments to recruitment processes, such as providing accessible application/interview formats, providing interview questions in advance, and/or extended interview times with breaks.
- Day-to-Day Work – Adjustments to help employees with tasks or work environments that may pose challenges due to their condition. For example, noise-cancelling headphones, electronic to-do lists, and quiet spaces may help employees who are neurodivergent.
- Long-Term Illness or Disability-Related Absence – When an employee’s condition results in prolonged absence, reasonable adjustments may be necessary to accommodate their return to work and/or continued employment.
As time passes, someone may find different ways to work better, and this should be assessed as and when required. Therefore, it is important to ensure that reasonable adjustments are reviewed regularly, not only to ensure that they are still effective, but also to check whether the employee may require any other adjustments.
Failure to Make Reasonable Adjustments
If an employer fails to make reasonable adjustments, an employee may have grounds to submit a claim in against them, to seek compensation through an Employment Tribunal. This not only has potential cost implications for an employer, but could also cause reputational damage. .
Practical Examples of Reasonable Adjustments
There are various types of reasonable adjustments that employers can consider, depending on the specific needs of the employee and the businesses resources:
Physical Adjustments
- Wider doors, or ramps.
- Ergonomic chairs, desks, and equipment tailored to the employee’s needs.
Workplace Adjustments
- Flexible working hours or remote work options to accommodate medical appointments, mediation, or energy levels.
- Adjusting workload expectations to suit the employee’s abilities.
Policy & Procedural Adjustments
- Modifications to performance management or appraisal processes, such as allowing additional time for tasks or projects.
- Changes in absence policies to account for health-related issues.
Technology & Assistive Tools
- Use of speech-to-text software or screen readers for employees with visual or hearing impairments.
- Providing noise-canceling headphones or other assistive devices to improve focus and productivity.
Recruitment Adjustments
- Offering alternative formats for interviews (e.g., video, written).
- Allowing extra time for assessments.
How Employers Can Implement Reasonable Adjustments Effectively
The Process
The process of making reasonable adjustments should be collaborative. Employers should engage in open dialogue with employees to understand their needs and explore practical solutions. This conversation should be approached with empathy and respect, focusing on how adjustments can help the employee perform at their best.
Medical & Occupational Health
In some cases, employers may need to consult with medical professionals or occupational health experts to determine the most appropriate adjustments. However, employers should ensure that they do not request intrusive or unnecessary medical details, and never without the employee’s consent.
Cost Considerations
Employers must assess whether an adjustment is “reasonable” based on factors as set out above. Fortunately, funding schemes like the Access to Work program are available to assist businesses in covering the cost of certain adjustments, making it easier to provide the necessary support.
Documenting Adjustments
It’s essential to document all adjustments made to ensure consistency and compliance. Clear records also help to protect both the employer and employee in the event of disputes or legal challenges.
Training Managers & HR Teams
Training is vital to ensure that managers and HR teams understand their legal responsibilities regarding reasonable adjustments. By increasing awareness, businesses can foster a more inclusive work environment and reduce unconscious bias.
How We Can Help
Navigating the complexities of reasonable adjustments can be daunting for employers, but we’re here to help. Our legal team offers:
- Legal Advice & Compliance: Ensuring your business meets its obligations under the Equality Act 2010 and other relevant areas of law.
- Reasonable Adjustments Policy Reviews: Helping you develop inclusive policies that support employees with disabilities.
- Training for Managers & HR: Providing bespoke training tailored to your needs to empower your leadership team with reasonable adjustments.
- Resources & Guidance: Offering expert advice on best practices for creating a more inclusive workplace, such as, a reasonable adjustments guide.
Conclusion
Reasonable adjustments are not just a legal requirement; they are a vital part of creating a positive, inclusive work culture. Employers are encouraged to review their policies, provide appropriate training, and engage with employees proactively to identify areas where adjustments may be needed. By doing so, businesses can foster an environment that is not only legally compliant but also one where all employees can thrive.
For expert advice on reasonable adjustments, contact us today to learn how we can help your business comply with the Equality Act 2010 and create a more inclusive workplace.
Disclaimer
Please note this blog is for reference purposes only and is only accurate at which the date it was published. It does not constitute legal advice and should not be relied upon as such. Specific Legal advice about your specific circumstances should always be sought separately before taking or deciding not to take any actions. Please contact us if you have any questions on enquiries@thrivelaw.co.uk.
