Workplace: Reasonable Adjustments Explained – A Guide for Employers and Employees

Reasonable Adjustments Explained: A Guide for Employers and Employees

Understanding what counts as a disability, and what support should be provided is essential for both employers and employees. Are all employees eligible for requesting reasonable adjustments?  What disabilities are eligible?

What is a “disability”?

Let’s look at this. Under the Equality Act 2010, a person is disabled if they have a physical or mental impairment that has a substantial and long term adverse effect on their ability to carry out normal, day to day activities.

• Long term = has lasted (or is likely to last) 12 months or more
• Substantial = more than minor or trivial

Conditions automatically treated as disabilities

For example, some conditions are automatically classed as disabilities from the point of diagnosis. These conditions include:

• Cancer
• HIV
• Multiple Sclerosis (MS)

Employees do not need to establish the “long term” or “substantial effect” test for these.

Other conditions that may qualify

Moreover, many common conditions can be disabilities if they meet the legal test, for example:

• Mental health conditions (e.g anxiety, depression)
• Neurodivergent conditions (e.g autism, ADHD)
• Chronic illnesses (e.g fibromyalgia)
• Physical impairments or mobility issues
• Sensory impairments (e.g hearing or vision loss)

The key question is whether the condition has a significant and lasting impact on daily activities.

Reasonable Adjustments – What can employees ask for?

Employees with a disability are entitled to reasonable adjustments. These are changes to remove workplace disadvantages.

Examples include:

• Flexible working hours or remote working
• Adjusted duties or reduced workload
• Time off for medical appointments
• Specialist equipment or software
• Changes to policies and procedures (e.g absence triggers)

The aim is to ensure the employee is not put at a disadvantage compared to others. In conclusion…

What should employers do?

Employers have a legal duty to make reasonable adjustments where they know or ought to reasonably know about the disability. To comply, employers should:

• Act promptly once aware of a potential disability
• Engage in open conversations with the employee
• Obtain medical or occupational health advice where appropriate
• Consider adjustments on a case by case basis
• Keep decisions under regular review

Failing to make reasonable adjustments can lead to disability discrimination claims.

Key takeaway

Disability under the Equality Act 2010 is wider than may people think. Early advice and proactive handling can prevent issues escalating into disputes.

How we can help

We provide clear, practical advice to both employees and employers on all aspects of disability discrimination and reasonable adjustments. Whether you need support navigating workplace challenges, understanding of your illness can be supported by reasonable adjustments, or ensuring your business remains compliant, our Employment Team is here to guide you with appropriate solutions. Our employment team is here to help.

Contact Us  or call 0116 212 1000

The initial conversation with us is free of charge and we might be able to conduct your case on a No Win, No Fee basis. All our team is extremely friendly and experienced, they’ve handled every instance of employment query and claim that can be made, not just locally, but nationally too. We’re ranked in Tier 1 of the Legal 500, employment law firms operating in the East Midlands.  You will be in safe hands.