When Do Reasonable Adjustments Become Unreasonable?

A frequently asked question we encounter during our anti-harassment training is about what constitutes a reasonable adjustment in the workplace for employees with disabilities.

As workplace diversity and inclusion policies become more central to HR practices, understanding when adjustments cross the line from reasonable to unreasonable is critical for both managers and HR teams.

The duty to make reasonable adjustments is an essential part of workplace law in the UK, especially in light of the ongoing challenges many employees face due to ill health and medical conditions.

With increasing numbers of workers leaving due to health-related issues or working with ongoing medical conditions, HR professionals are regularly called upon to assess what accommodations are necessary to support employees in their roles.

What Makes an Adjustment Reasonable?

The starting point for any reasonable adjustments assessment should always be a discussion with the employee involved to understand their needs. However, these conversations often lead to two extremes: employees expecting adjustments that may be difficult to implement, or employers holding overly restrictive views on what they can reasonably offer.

Since 2020, one of the most common requests for reasonable adjustments has been to work from home, even when an employee’s role requires them to be in the office or to provide in-person services.

For instance, healthcare workers or support staff may request to work from home, despite needing to care for vulnerable clients face-to-face. More recently, we’ve seen requests for employees to avoid meetings or telephone calls altogether, relying entirely on email communication, or to receive detailed agendas before every meeting.

So, when do these requests become unreasonable?

Key Considerations When Assessing Reasonableness

To avoid grievances or employment tribunal claims, HR and managers need to evaluate each situation with a clear understanding of what makes an adjustment “reasonable” or “unreasonable.” The general approach is an objective assessment, taking into account medical evidence on a case-by-case basis, as well as the nature of the employee’s role and the business’s operations.

Several factors influence whether an adjustment is reasonable or not. For businesses, the primary concern is often whether the adjustment will disrupt their operations. The courts tend to be sympathetic towards employers if an adjustment would cause significant disruption or place undue strain on the team.

For example, removing essential job duties, such as telephone calls for a customer service role, may be seen as unreasonable. Similarly, employees in roles that require physical presence in the workplace cannot typically request to work from home full-time.

Although the Equality Act 2010 doesn’t provide a set list of criteria, tribunals generally assess the following when determining whether an adjustment is reasonable:

Impact on the employee’s disadvantage: How much will the adjustment help the employee overcome the disadvantage caused by their disability?

• Practicality: Is the adjustment practical and feasible in the context of the role and the business?
• Cost: Can the adjustment be made without imposing unreasonable financial strain on the employer?
• Business disruption: Will the adjustment significantly disrupt the organization’s operations or the work of others?
• Resources: Does the employer have the financial or logistical resources to implement the adjustment?
• External assistance: Are there available external resources (e.g., grants or government support) that can help cover the cost of adjustments?

Navigating the Line Between Reasonable and Unreasonable

Ultimately, determining whether an adjustment is reasonable or not requires judgment.

Trial periods can be a helpful tool to assess whether a proposed adjustment is effective and feasible in practice. During these periods, it’s essential to maintain open communication with employees about the temporary nature of the arrangement and monitor its impact on both the individual and the wider team.

This approach can help to manage expectations and prevent potential grievances or tribunal claims.

The key to understanding reasonable adjustments is to strike a balance between accommodating employees’ needs and ensuring business continuity. By considering the nature of the job, the resources available, and the potential impact on the workplace, employers can make informed decisions that benefit both the employee and the business as a whole.

Understanding the Reasonable Adjustment Definition and Its Importance

Reasonable adjustments are changes made to the work environment or working arrangements to help a disabled person perform their job effectively.

This term, defined in the Equality Act 2010, is also referred to as workplace adjustments or accommodations. The aim of reasonable adjustments is to remove or reduce barriers that prevent disabled employees from working to their full potential.

Examples include changes to working conditions, job restructuring, or providing specialised equipment or support services. These adjustments are tailored to the individual and can cover any aspect of their work, ensuring that employees have equal opportunities to succeed in their roles​.

The Equality Act 2010 and Reasonable Adjustments

The Equality Act 2010 requires employers to make reasonable adjustments for disabled employees or applicants to ensure they can perform their jobs effectively.

These adjustments are intended to remove or reduce barriers that might prevent a disabled person from performing at their best. Failing to make reasonable adjustments can be considered disability discrimination under the Equality Act, potentially resulting in legal action.

Employers are not simply required to provide the same working conditions as non-disabled employees but must proactively make accommodations to meet the specific needs of disabled workers. This ensures equal opportunities and fair treatment in the workplace.

Who Can Request Reasonable Adjustments?

Implementing Reasonable Adjustments in the Workplace

When assessing requests for reasonable adjustments, employers must carefully consider each request and implement changes that are deemed reasonable. HR professionals and line managers should be trained to handle disability-related workplace issues effectively, ensuring they understand the legal requirements and the specific needs of employees.

Employers must evaluate the potential impact of any adjustment on both the business and the employee, balancing the accommodation with operational feasibility. Since there are no hard and fast rules, each case should be considered individually, with attention given to the employee’s unique circumstances and the resources available to the employer​

What is a Reasonable Adjustment?

An adjustment is considered reasonable if it benefits both the employer and the employee, helping to address the employee’s disability-related needs without fundamentally altering the nature of the job.

Employers must assess whether an adjustment is necessary and proportionate to the employee’s specific requirements, ensuring it aligns with the operational needs of the business.

While employers are not required to make adjustments that are unreasonable or cause significant disruption, they should still explore alternative ways to support the disabled employee. This approach ensures that reasonable accommodations are made without compromising the essential functions of the role or the business’s operations​.

Funding and Support for Reasonable Adjustments

Employers are responsible for funding any reasonable adjustments to support employees with disabilities.

While many of these adjustments may be simple and cost-effective, smaller employers may face challenges in covering the costs compared to larger organisations.

Fortunately, the Government’s Access to Work scheme can assist by helping meet some or all of the costs associated with reasonable adjustments. Despite the initial outlay, the long-term benefits often outweigh the costs, as increased productivity and reduced sickness-related absences typically lead to higher returns than the investment made in accommodations.

Best Practices for Employers

To avoid legal issues, employers should follow best practices when considering requests for reasonable adjustments, ensuring changes are made as swiftly as possible.

It is advisable for employers to seek expert advice from a lawyer or disability organisation to fully explore all potential adjustments before taking any action towards dismissal.

Regularly reviewing reasonable adjustments is crucial to ensure they remain necessary and do not become unreasonable over time.

Employers should also provide training for HR and line managers to equip them with the skills to handle disability-related workplace issues effectively. By adhering to these guidelines, employers can better support their disabled employees while minimizing legal risks​

Consequences of Failing to Make Reasonable Adjustments in the Workplace

Failing to make reasonable adjustments for employees with disabilities can lead to costly tribunal claims and harm an employer’s reputation.

The average Employment Tribunal Award for Disability Discrimination is £22,183, with the highest award in 2011-12 reaching £390,871. Employers who neglect their duty to provide reasonable adjustments not only risk disability discrimination claims but may also face unfair dismissal lawsuits.

These legal and financial repercussions highlight the importance of ensuring that employees’ needs are addressed promptly and fairly

Reasonable adjustments in the workplace are essential in ensuring that disabled employees have the support they need to succeed, aligning with the Equality Act 2010’s requirement for inclusivity and equal opportunity.

At Park City Consulting, we specialise in providing expert guidance to help businesses implement effective reasonable adjustments that meet legal obligations while creating an inclusive, supportive environment for all employees.

Our HR services include tailored business solutions, training for HR and line managers, and strategic advice on disability-related workplace issues. We are on hand to provide ad-hoc advice when you need it most.

By partnering with us, you can ensure your business remains compliant, promotes equality, and enhances productivity. Contact us today to learn how we can support you in making your workplace more accessible and inclusive.