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.