ACAS Update Their Reasonable Adjustments Guidance

These adjustments may involve:

• Adapting the way tasks are performed

• Altering the physical workplace

• Changing work schedules or duties

• Providing specific equipment, services, or support

These adjustments are tailored to the individual’s needs and can address physical or mental health conditions, covering any aspect of work.

It’s essential that employers do more than simply offer identical working conditions to all employees. By law, employers are required to make reasonable adjustments to accommodate disabilities, as mandated by the Equality Act 2010.

Some employees with disabilities may not need or request adjustments, though their needs could change over time.

When Employers Must Make Reasonable Adjustments

According to the Equality Act 2010, employers must provide reasonable adjustments for:

• Employees and workers

• Contractors or self-employed individuals hired to perform work personally

• Job applicants

Employers are obligated to make adjustments if:

• They are aware, or should reasonably be aware, that someone has a disability

• A disabled staff member or job applicant requests adjustments

• A disabled employee experiences challenges in their role

• Disability-related absences or delays in returning to work arise

In addition, employers must:

• Make adjustments for any requirements linked to a disability (e.g., allowing assistance dogs despite a general ban on pets)

• Ensure other staff respect and support these adjustments (e.g., providing information in accessible formats when needed)

Employers who fail to make reasonable adjustments may face legal consequences. If necessary adjustments aren’t provided, an employee can make a claim to an employment tribunal.

Reasonable adjustments are modifications an employer makes to help eliminate or lessen disadvantages related to an employee’s disability.

Determining What is ‘Reasonable’

The suitability of an adjustment depends on each unique situation. Employers should evaluate whether the adjustment:

• Effectively removes or reduces the disadvantage, involving open discussion with the employee

• Is feasible and practical

• Fits within their financial means

• Maintains the health and safety of others

Employers are not required to alter the fundamental nature of a role. For instance, if a call center employee requests a position without call handling, it may not be reasonable if no such role exists. If an adjustment isn’t feasible, employers should explore alternative reasonable accommodations.

Employers who fail to make reasonable adjustments may face legal consequences. If necessary adjustments aren’t provided, an employee can make a claim to an employment tribunal.

Who Covers the Cost of Adjustments?

Employers are generally responsible for the cost of reasonable adjustments, which are often affordable. However, smaller organizations may have different financial limitations compared to larger ones.

Example of an Adjustment Deemed Unreasonable Due to Cost:

If an employee who uses a wheelchair requests an elevator installation, but the employer finds the cost prohibitive, they can decline this request if it would harm the business financially. However, the employer should explore alternative adjustments, such as relocating the employee’s work to an accessible floor.

Support from Access to Work

Access to Work is a government initiative providing grants to help people with disabilities or health conditions enter or remain in work. This support supplements, but does not replace, the employer’s legal duty to fund reasonable adjustments.

Examples of Reasonable Adjustments

Here are some examples of reasonable adjustments employers might make:

• Adapting Task Execution: Giving extra time for written tests, redistributing tasks within a team, or providing different responsibilities.

• Modifying the Physical Workplace: Changing desk lighting, reconfiguring workspace layout, or ensuring accessible interview locations.

• Adjusting Work Schedules: Offering flexible or hybrid work options, structuring breaks differently, or allowing paid time off for medical needs.

• Providing Specialized Equipment and Support: Supplying modified equipment like ergonomic chairs or screen readers, sharing documents in accessible formats, and arranging one-on-one support for task management.

These adjustments, customized to each individual, aim to make the workplace inclusive and accessible for everyone.

Read the ACAS guidance HERE