Section 5: Reasonable adjustments
An important focus of disability inclusion is reasonable adjustments. A good starting point is to ask ‘’how can we design processes, policies, and procedures to make sure everyone can thrive at work?’ This inclusive mindset will likely end up with better services, happier employees, and happier clients.
The duty under the Equality Act 2010 is to be proactive and anticipatory. Reasonable adjustments are aimed at removing barriers and putting disabled people on a level playing field with non-disabled people in an organisation.
The legal duty
Under the Equality Act 2010 there is a legal duty to make adjustments in three circumstances:
- Where there is a provision, criterion or practice that puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison to a non-disabled person.
- Where a physical feature puts a disabled person at a substantial disadvantage in comparison with a non-disabled person.
- Where a disabled person would, but for the provision of an auxiliary aid, be put at a substantial disadvantage in comparison with a non-disabled person.
What do we mean by ‘reasonable’?
This depends on each individual situation and considers the disabled employee’s and the employer’s circumstances. Factors taken into account include:
- Will it remove or reduce the disadvantage? Speak to the person who requires the adjustment.
- Is it practical to make?
- Is it affordable for the organisation or employer?
- Will it impact on the health and safety of others?
For example, while changing a job’s responsibilities or how they are preformed can be a reasonable adjustment, changing the basic nature of the job, such as a telephonist being excused from answering telephone calls, would likely not be reasonable.
Requesting reasonable adjustments
- Make information about how to request reasonable adjustments clear to everyone in your organisation. Ensure that people requesting adjustments know who to contact to make their request. As there is no specific format set out in legislation for making requests, include what format that the request should be made in. For example whether it has to be made in writing. This will help to avoid miscommunication and requests being over-looked.
- Allowing all colleagues, whether they have a disability or not, to request adjustments can be helpful. This can remove the stigma of requiring adjustments because of a disability and can improve experiences of all. For example, agreeing non-standard working hours could help colleagues for many different reasons.
Handling requests for reasonable adjustments
- Ensure that any people managers are trained in this area and are clear on what their responsibilities are, and where they can go for help and advice if needed.
- Both the employee and the employer can suggest what are reasonable adjustments. However, it is advisable to take the lead from the person asking for the adjustment, as they have a better understanding of what can help them.
- It is advisable to meet with the person requesting the adjustment. Many adjustments are simple and can be agreed in a meeting.
- Follow-up to a meeting should include recording any agreed adjustments in writing and ensuring that people who need to know are aware of these.
- You are not bound to either accept or reject a requested adjustment as set out in the request. You can explore other options with the employee to ensure that they are supported in doing their job. This can include getting an occupational health assessment or information from the employee’s doctor.
- Be flexible and open-minded on what can be adjusted to support your colleagues. For example, think about options outside of the physical workplace such as agreeing a later start time to avoid heavy traffic and busy public transport.
- Each request for reasonable adjustments should be considered separately and take into account the disabled colleague’s individual circumstances. Remember that what helps one person may not be helpful to another person with the same disability.
- Understand the technology already used in your office. Many applications have features that improve accessibility at no additional cost. For example, Microsoft has a wide range of accessibility features available in both Office 365 and Windows. You can find out more about what is available here: Accessibility Technology & Tools | Microsoft Accessibility
- Review agreed adjustments regularly with the employee. Don’t assume that their requirements remain the same or that the adjustments agreed will continue to be the best available.