In the second quarter of 2023, there were 5.1 million disabled people in employment in the UK. The strong growth in the number of disabled people in employment is thought to be driven by, among other factors, the overall prevalence of disability in society as mental health conditions are now more commonly reported in addition to physical disabilities.

Perhaps unsurprisingly, as the number of disabled people in employment grows, the number of Employment Tribunal claims related to disability discrimination has also increased.

In 2022/2023, the Tribunal system saw the highest number of successful disability discrimination claims on record, with the average compensation award for such claims being £45,435 in the same year.

In response to the prevalence of disability in the UK workforce, alongside existing discrimination legislation, the new UK government has also hinted at policy proposals which offer disabled jobseekers more specialist support to enter work and would place an onus on employers to disclose disability pay data.

As the disclosure of health conditions amounting to a disability becomes ever more commonplace, the significance of the duty to make reasonable adjustments in the workplace cannot therefore be understated.

What are Reasonable Adjustments?

Reasonable adjustments are changes an employer makes to remove or reduce a disadvantage related to someone’s disability. An employer is duty bound by the Equality Act 2010 to implement such adjustments as are reasonable where it knows, or could reasonably be expected to know, that one of its employees, workers, contractors or even job applicants has a disability.

What is deemed “reasonable” will differ in every case and an employer is not required to make unreasonable adjustments, although depending on the size and resources of a business it may be difficult to justify why supportive changes cannot not be made.

Fundamentally, reasonable adjustments are specific to an individual, apply to both mental and physical health conditions and can cover any area of work. However, common examples include making changes to the physical layout of a workplace, changing the working arrangements of a disabled employee such as providing phased returns after absence, or adapting absence policies to allow for more time-off in relation to the condition.

It goes without saying that where an employer proactively adapts its processes, workspaces and policies with the needs of a disabled colleague in mind the overall workplace experience of that individual improves. Disabled staff are likely to be better engaged, more productive and may require less time off work as a result of accommodations being made.

Reasonable adjustments are also often about more than just physical changes to a working environment. Making changes that are centred on a disabled person’s experiences and needs can help fellow employees, managers, and senior leaders understand diversity, equality, and inclusion (DEI) in the workplace. This in turn fosters an inclusive working culture in which colleagues can thrive.

As well as facilitating positive cultural change and fostering an inclusive environment, there are also solid business reasons for doing so from the perspective of an employer. An inclusive employer is an attractive one when looking to recruit and retain talent, particularly in a labour market where candidates may prioritise workplace culture as a key criterion of their job search.

The implementation of reasonable adjustments can also have more tangible and financial benefits to a company given they are likely to reduce turnover (therefore reducing longer-term hiring costs), limiting the need for sickness absence since employees can better manage their condition and symptoms, and even mitigate the risk of having to defend costly discrimination related litigation in the Employment Tribunal.

What are the challenges and solutions? 

Seeking medical advice is key for employers to be able to identify the need for adjustments. Making referrals to an Occupational Health (OH) provider or otherwise asking for further medical information from an employee will be crucial for better understanding the particular needs of the individual and, more specifically, what changes would even be effective in reducing or removing the disadvantage experienced by that person. For example, an employer will need to have a medical expert’s insight not only on the nature and severity of the condition(s) in question but also how it impacts the day-to-day activities of the individual, the extent to which that impact can be mitigated by any changes, and the prognosis for a potential recovery given this may impact the length of time such adjustments are necessary (and therefore reasonable).

The employee’s own input is central in this seek-to-understand task and they should be encouraged to be open about what their needs are and how they think certain changes would assist them. It is entirely reasonable for an employer to ask the employee to reflect on any medical advice provided or sought and to explain in some detail how their circumstances impact their time at work. Open dialogue and a cooperative approach will help to ensure that whatever adjustments are implemented are also maximised for effectiveness and are mutually beneficial.

How do you implement adjustments? 

Once an employer has determined the barrier faced by the employee and then identified the related adjustment it will need to consider how to actually implement and maintain a relevant accommodation. It is best practice for an employer to confirm any agreed reasonable adjustments in writing to the employee so that all parties are clear on exactly what will be put in place and how long for.

Employers should then hold regular reviews to check the effectiveness of the adjustment(s) over time and seek the employee’s feedback as to whether the adjustment is addressing the need that was identified. If further medical advice is required about the practical aspects of the adjustments this should be sought with the employee’s consent. Such continuous monitoring provides the opportunity to refine what is already in place but also triages whether further changes are necessary to address the problem faced by the employee.

Part of the process of successfully implementing and maintaining reasonable adjustments goes beyond open communication with the employee in question and instead extends to communicating with others, such as immediate team members and managers, who may be affected by the adjustments made. Employers often face a difficult situation of being duty bound to making adjustments in respect of a disabled employee but having to balance this with the resistance presented by those other colleagues who may, for example, have to take on more work as a result of the accommodation made.

Training and awareness is key

Education and training will be key to overcoming such resistance. While maintaining the confidentiality of the details around the disabled employee’s needs, an employer can and should be open with other staff about why the change is needed in broad terms and what the expectations of them are in relation to facilitating the adjustments that are required.

A pivotal part of this will be implementing a Diversity, Equality and Inclusion (DEI) strategy under which regular training is provided to staff to de-mystify issues of disability in the workplace and to empower colleagues to build an inclusive environment. Businesses should set goals for achieving aspects of its DEI strategy and seek feedback from colleagues about how best to improve employee experience.

So much more than just compliance 

Implementing reasonable adjustments should not be viewed by an employer as a “bare minimum” requirement simply needed to jump through the hoops of compliance with the Equality Act. More than just a legal requirement, providing reasonable adjustments is about making the workplace responsive to the specific needs of an increasing number of disabled colleagues in the UK labour market.