Reasonable Adjustments at Work

The Equality Act 2010 defines disability as a physical or mental impairment that has a substantial and long-term adverse effect on a person's ability to carry out normal day-to-day activities. Key points:

• Substantial: More than minor or trivial
• Long-term: Has lasted, or is likely to last, at least 12 months, or is likely to recur
• Normal day-to-day activities: Include things like mobility, manual dexterity, speech, memory, concentration, and social interaction

The definition is wider than many people assume. Mental health conditions, chronic pain, cancer (from diagnosis), HIV (from diagnosis), and MS (from diagnosis) are all covered. Progressive conditions are also covered where symptoms are likely to become substantial in the future.

The effects of any medication or treatment are disregarded in assessing whether a condition is substantial — so if you manage your condition with medication and are largely unaffected as a result, you are still considered disabled if you would be substantially affected without the medication.

Reasonable adjustments can be very diverse. Common examples include:

• Flexible working arrangements — adjusted hours, working from home, or compressed hours
• Provision of specialist equipment — ergonomic chairs, screen magnification software, noise-cancelling headphones
• Physical changes to the workplace — step-free access, accessible parking, adjustments to workstation height
• Modifications to duties or tasks — removing tasks the employee cannot do and redistributing them
• Phased return to work after sickness absence
• Additional breaks or rest periods
• Allowing use of a support worker or job coach
• Adjusting performance or absence management processes to account for disability-related sickness

The duty is anticipatory — employers must think ahead about what adjustments may be needed, not just wait to be asked. However, the employer must know (or could reasonably be expected to know) that you are disabled before the duty is triggered.

If you have requested a reasonable adjustment and your employer refuses, take the following steps:

1. Put the request in writing: Ensure your request is documented — describe your disability, the disadvantage you face, and the specific adjustment(s) you are requesting.
2. Provide medical evidence: A letter from your GP or specialist confirming your condition and why the adjustment is needed can significantly support your request.
3. Raise a formal grievance: If the informal request is refused, raise a formal written grievance through your employer's grievance procedure.
4. Seek Acas advice: Acas can advise on whether the refusal is likely to be lawful and what your options are.
5. Bring a Tribunal claim: Failure to make reasonable adjustments is disability discrimination. You can bring a claim in the Employment Tribunal within three months less one day of the act of discrimination.

Dismissing a disabled employee without first considering whether reasonable adjustments could have kept them in work is likely to be unlawful disability discrimination as well as potentially unfair dismissal.

When an employer is assessing what reasonable adjustments are practicable, two key resources often come into play: the government's Access to Work scheme and occupational health advice.

Access to Work is a Department for Work and Pensions grant scheme that can fund workplace adjustments where costs would otherwise be a barrier. It can pay for specialist equipment, support workers, adaptations to premises, and travel to work costs for disabled people. An employer who claims an adjustment is too expensive without first checking whether Access to Work funding is available may not be able to rely on cost as a justification for refusal. You can apply for Access to Work yourself — you do not need your employer's involvement to start an application.

Occupational health (OH) referral can also be important. Many employers refer employees to OH services once a disability or health condition affecting work is disclosed. The OH report will often address what adjustments are recommended and their feasibility. If your employer refuses to follow OH recommendations without good reason, this is likely to be relevant evidence in any subsequent discrimination claim.

The employer's duty to make adjustments is not just reactive. Under the Equality Act 2010, the duty is anticipatory — employers must think ahead about what adjustments disabled employees or job applicants may need. For larger employers with formal recruitment or performance processes, this means building accessibility into those processes from the outset, not only responding to individual requests. An employer who fails to consider adjustments before imposing a provision, criterion, or practice that disadvantages disabled people may already be in breach before any request is made.

A common mistake employees make is assuming that because they have not been formally diagnosed with a disability, they have no protection. The Equality Act 2010 definition of disability — a physical or mental impairment that has a substantial and long-term adverse effect on normal day-to-day activities — does not require a formal medical diagnosis. Conditions such as severe depression, chronic fatigue syndrome, anxiety disorder, or recurring back pain can all meet the definition. Critically, the test is applied prospectively — if a condition is likely to last (or has lasted) more than 12 months, it meets the long-term element even if treatment is managing the symptoms. If you are unsure whether your condition qualifies, seek advice from Acas, Citizens Advice, or a solicitor before assuming you have no rights. The Equality and Human Rights Commission (EHRC) also publishes detailed statutory guidance on the meaning of disability, which is binding on Employment Tribunals when applying the test. Acting before a formal capability or dismissal process is underway is nearly always more effective than seeking advice only after the process has concluded — adjustments secured at an early stage can prevent deterioration of both the working relationship and the employee's health. Keep a written record of every adjustment request, every employer response, and every OH or Access to Work referral — this chronology is the most important piece of evidence in any disability discrimination claim.