Understanding reasonable adjustments

The Equality Act 2010 imposes duties on employers to ensure equal treatment of staff in relation to protected characteristics. There are nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.  

This guide is designed for employers who want clarity on when and how the duty to make reasonable adjustments arises. We’ll explain what counts as “reasonable,” share practical examples, and highlight how a proactive approach can reduce risk and foster a fairer, more productive workplace. 

If you’re unsure about your obligations or facing a specific situation, our employment law solicitors can provide clear, practical advice tailored to your business. 

Introduction: Why this matters to growing businesses 

Discrimination law is complex, and the consequences of getting it wrong can be significant. Compensation is potentially unlimited, and there is also the possibility of employment tribunal recommendations and reputational damage. That’s why it’s important for businesses to be aware of their obligations.  

A key area of an employer’s obligations relating to the protected characteristic of disability is the duty to make reasonable adjustments. The duty applies to job applicants, employees, workers and previous employees and workers. It requires employers to make reasonable changes to working arrangements, including interview processes, to ensure that people with disabilities are not disadvantaged.  

It’s not unusual for employers to worry about reasonable adjustments. Concerns can arise over starting the discussion, reaching a decision on adjustments and reasonableness, not causing offence, paying for adjustments and avoiding employment tribunal claims. However, when the matter is approached sensibly, sensitively and proactively, reasonable adjustments can be well-managed and mean that disabled job applicants or staff feel included in the workplace and supported where needed.  

What are reasonable adjustments? 

Put simply, a reasonable adjustment is making a change to something that places a disabled employee, worker or job applicant at a disadvantage, where it’s reasonable to make that change. The purpose is to remove or reduce the disadvantage.  

There is no checklist of adjustments within the legislation, although the Equality and Human Rights Commission’s Employment: Code of Practice (Chapter 6) gives examples, as do the ACAS Reasonable adjustments at work guidance and the HSE Employers' duties in protecting disabled workers guidance.  

Adjustments will always be specific to the individual concerned, although there are some that are more commonplace than others. Changes can be physical – new or different equipment, such as chairs or screens, or changes to the individual’s existing role, such as different working hours, removal of certain tasks, or a change in location. Changes can also include processes, such as modifying an interview, disciplinary or grievance procedure. Adjustments could also include moving an employee into a different role. Employers should consider all options and make changes where it’s reasonable to do so. 

When do employers need to make adjustments?  

There is a duty to make adjustments if the job applicant or employee, or worker meets the definition of disability (s6 Equality Act 2010), specifically:  

• there is a physical or mental impairment  

• which is long-term (normally understood to have lasted or will last at least 12 months) 

• which causes an adverse effect upon the individual’s ability to carry out normal day-to-day tasks and 

• the adverse effect is substantial 

Certain conditions are called ‘deemed disabilities’ and automatically meet the definition. These include: blindness or other severe sight impairment, severe disfigurements, cancer, HIV infection and multiple sclerosis.  

Other conditions must satisfy all the above elements of the statutory test. Not all conditions are easily identifiable as disabilities. Think about mental health conditions, including depression and anxiety, neurodiversity such as ADHD or autism, or chronic illness conditions such as asthma or anaemia. It’s important to consider each matter on its own facts and seek appropriate input where needed. 

The duty to make reasonable adjustments is set out in s20 and Schedule 1 Equality Act 2010, which  states that the duty arises where: 

• a disabled person  

• is placed at a significant disadvantage by  

• an arrangement that the employer has in place (the ‘provision, criterion or practice’) or  

• by a physical feature of the employer’s premises, or  

• by an employer’s failure to provide an auxiliary aid  

• If the employer knows, or ought to know, that the individual is disabled and likely to be placed at that substantial disadvantage. Where an employer ought reasonably to know that the individual is disabled, that is known as ‘constructive knowledge’. 

In simpler terms, if the employer knows (or should know) that an employee or job applicant is disabled and the individual is in some way hindered by something within the employer’s control, the employer must make changes so that the hindrance is removed or minimised, as long as it’s reasonable to do so.  

It’s a proactive duty, so once the employer is aware – or should reasonably be aware – that a job applicant or an employee meets the definition of disability, they need to get on with discussions about whether adjustments are needed. Adjustments won’t be needed in all cases, of course, but it’s for the employer to initiate those conversations to consider what, if anything, is needed and then to consider whether any adjustments are reasonable for the employer to make. This is because the law says that employers need only make those adjustments which are reasonable.  

What does “reasonable” actually mean? 

The Equality Act 2010 only requires adjustments to be made where it is reasonable to do so, there is no blanket entitlement to have all possible adjustments made.  

The question of whether an adjustment is reasonable or not is ultimately for a tribunal to decide if a claim is brought. This is unusual because ordinarily tribunals are not permitted to substitute their own opinion for the employer’s opinion, for example, in cases of unfair dismissal. Employers should carefully and thoroughly document every step that they take in considering adjustments. This is particularly important if a proposed adjustment is to be rejected, because tribunals will scrutinise rejections extremely carefully to assess whether they agree. Employers who can show that they have genuinely considered adjustments and have legitimate reasons for refusing will be in a much better position than those who simply dismiss suggestions out of hand.  

There is no checklist to determine whether or not an adjustment is reasonable, but the EHRC Code does set out factors to consider. These include: 

• Would the adjustment improve the situation? 

• Is it practical to make the adjustment? 

• The financial and other costs.  

• How much will it disrupt the employer’s activities? 

• The employer’s financial and other resources. 

• Whether any external financial or other assistance was available. 

• The nature and size of the employer’s activities.  

The cost of an adjustment can sometimes be a concern for employers, perhaps if more expensive equipment is needed or if an adjustment means that the employee is doing a different job with a different salary. Tribunals will take those concerns into account, but again, the emphasis is on the employer taking a reasonable approach and showing proper consideration of the question.  

Practical examples of reasonable adjustments 

Reasonable adjustments come in many forms. Some common examples are:  

Mental health adjustments: Employers could agree that an employee with a mental health condition may have flexible working hours or remote working, so that they can remain in a comforting environment at home but can continue to work. Employers could also consider with the employee whether there are tasks that exacerbate the anxiety and then assess whether removal of those tasks might assist.  

Neurodiversity adjustments: Support for neurodiversity could include, for example, the provision of headphones or ear defenders to remove or minimise sensory overload, or providing software that could assist with communication, such as speech-to-text software or coloured screens. Sometimes, the very simple provision of extra time to process information might be all that is needed.  

Physical changes: Employers may also need to consider physical changes to an employee’s role. These don’t have to be expensive – for example, the provision of a ground-floor office space for a wheelchair user is often a simple change to make. 

The risks of getting it wrong 

There are significant risks if the employer gets reasonable adjustments wrong, ranging from legal and reputational risks to the risk of damaging staff relationships or morale.  

Legally, getting it wrong can expose the employer to employment tribunal claims. These can be brought by job applicants as well as employees or workers and there is no length of service requirement for an individual to make a claim. Discrimination claims can be brought whilst employment continues, which could present a situation that is uncomfortable for everyone concerned. It also carries the risk of victimisation claims - allegations that the employee has been subjected to retaliation because they have brought a discrimination claim or suggested that their rights are being infringed.  

Employment tribunals decide the amount of compensation after hearing evidence of how the discrimination has affected the individual. Compensation can be awarded for financial losses arising from the discrimination, together with compensation for the injury to their feelings because of the way that they have been treated. Injury to feelings awards are potentially unlimited, although most fall within three bands, known as the ‘Vento’ bands. The Vento bands are adjusted in April each year, and from April 2025 are: 

• £1,200 to £12,100 for less serious cases 

• £12,100 to £36,400 for more serious cases which don’t merit an award in the higher band, and 

• £36,400 to £60,700 for the most serious cases. 

Awards of over £60,700 can be made for the most exceptional cases, where the tribunal considers that the discrimination has been significant or sustained. 

Often, disputes around reasonable adjustments could be avoided with earlier intervention and careful consideration of the changes requested. Employers should avoid becoming fixed in the belief that an adjustment cannot work, as in many situations, a practical solution may be possible. It is sensible to seek a fresh perspective from an independent colleague and, where appropriate, to take early legal advice to ensure the matter is handled fairly and effectively. 

What if adjustments aren’t possible? 

The law only requires employers to make adjustments which are reasonable. Sometimes, adjustments have no prospect of helping to avoid or reduce the disadvantage, in which case it would not be reasonable for an employer to make that adjustment.  

Employers have the best chance of successfully contesting claims that they have failed to make a reasonable adjustment by carefully assessing the position and documenting their assessment and conclusions. Taking advice from a GP or Occupational Health adviser is an essential part of that process. Doctors can comment on the condition itself and the individual’s ability to carry out tasks. Occupational Health advisers can comment on the requirements of the role and adaptations that may assist. For employers who have taken and considered such advice, then documented their findings, a tribunal is more likely to take your position more seriously. 

Employers are often concerned about the cost of adjustments and the impact on other employees if an adjustment is made for one employee - how will other staff cope, and will it set a precedent for the future?  

The cost of an adjustment does matter when deciding if it’s reasonable, but employers shouldn’t look at it from a cost-only angle. Tribunals expect businesses to take on some expense if it helps remove or reduce a disadvantage. That said, the size of the organisation and the resources available will always be taken into account when working out what’s a fair cost. 

The effect on other colleagues is another factor that employers may consider, but an uncooperative workforce or an unpopular adjustment is unlikely to be good enough reason to fail to implement it. Again, employers should document the impact upon the workforce as part of a wider assessment, so that the impact is recorded but is not the only factor relied upon by the employer.  

Even if no adjustments can reasonably be made, the employer must still act fairly. If the employee’s existing job cannot be adjusted, consideration should be given to other roles in the organisation that might be suitable, with adjustments if needed. If no other roles are available, then it is at that point that an employer may need to consider whether dismissal on capability grounds is the only option. Legal advice should be sought in that situation, to ensure that, before any steps are taken to terminate employment, all alternatives have been thoroughly considered and documented, and all necessary procedural steps have been taken. 

How to manage reasonable adjustments in practice 

An appropriate policy is the best place to start in managing reasonable adjustments, closely followed by regular training for all staff. Employees should feel comfortable in disclosing conditions and seeking support, whilst managers should have a guide on the steps that they should take.  

Although the onus is on the employer to be proactive once they know, or should reasonably know, that an employee or job applicant is disabled, it’s helpful to foster a culture where applicants or employees feel comfortable in disclosing matters relating to their health. Early discussions about matters that are affecting the ability to perform well are to be encouraged.  

Employers will often benefit from early professional input, either about the condition itself or about the adjustments that might be needed. That could be evidence in the form of a GP or consultant’s report, Occupational Health evidence considering the role in question and the adjustments required to it and legal advice upon the situation at hand and any risks that might arise.  

When to get legal advice 

If you have concerns or you don’t know what to do, you should seek advice as early as possible. This is particularly beneficial in situations where there is a dispute about the adjustment requested and whether it’s reasonable or not, or where there are disciplinary or performance issues with the individual concerned.  

It’s also sensible to take advice if you’re not sure whether a condition would be defined as a disability, or where you’re aware that an employee or job applicant has or may have a disability, but it hasn’t been formally disclosed to you. Remember that the duty can arise where you have knowledge, or constructive knowledge, of it. 

Taking legal advice doesn’t necessarily mean that there is a risk of a claim arising. It’s proactive and sensible to be guided through an unfamiliar process, and in most cases, the question of reasonable adjustments can be handled without dispute and to everyone’s satisfaction. Most adjustments are minor and won’t disrupt the rest of the workforce, but have the positive effect of assisting a colleague to do their job, with less hindrance.  

Final thoughts 

The purpose of reasonable adjustments is about: 

• building a fair, productive and inclusive workplace 

• supporting staff when support is needed 

• being reasonable 

It’s not about: 

• being perfect 

• giving unfair advantages to one group of employees over another 

It would be easy to view reasonable adjustments in isolation, as a legal tick box to be complied with where needed, but of course as with so much in the employment field, it’s not just about legal compliance. Building a strong and inclusive workforce who are open about support needed and willing to provide it to others is key to creating a resilient business.  

It’s always sensible to have regular reviews of current practices and policies and to be open to improvements where necessary.  

Reasonable adjustments can feel daunting for employers, but they don’t have to be. For more specific advice on the steps that you should take when considering whether an adjustment is needed or reasonable in your business situation, our employment law solicitors can help.