Introduction to this document
Meeting to discuss reasonable adjustments
Where an employee submits a request for reasonable adjustments related to a disability, you should hold a meeting with them to discuss their request, which you can arrange using our letter.
Statutory duty
The duty to make reasonable adjustments is set out in the Equality Act 2010. It applies where an employee (or worker) has a disability and provides that where a physical feature of the workplace or a provision, criterion or practice puts a disabled worker at a substantial disadvantage in comparison with workers who aren’t disabled, you must take such steps as it’s reasonable for you to have to take to avoid the disadvantage. It also includes providing auxiliary aids. So, if a disabled employee asks for adjustments, you’ll need to make them if they’re reasonable. Also, don’t wait until they ask – if you can see an employee is having difficulty with any part of their job and you know, or could reasonably be expected to know, that they’re disabled, your obligation kicks in. If you ignore your duty, you risk a disability discrimination claim. In some cases, you may not know for sure whether an employee is disabled (within the meaning of the legislation) or not. It’s better to err on the side of caution where they have a long-term physical or mental health condition or impairment which is having an adverse impact on them at work.
What’s reasonable?
What’s reasonable depends on each situation. You should consider if the adjustment: (1) would remove or reduce the disadvantage; (2) is practical to make; (3) is affordable for your business; and (4) could harm the health and safety of others. You’re responsible for paying for reasonable adjustments and you can’t pass on any of the cost to the employee. Many adjustments will be simple and affordable though.
Request response
Where an employee submits a request for reasonable adjustments, start by arranging a meeting with them. This is the purpose of our Meeting to Discuss Reasonable Adjustments letter. It sets out a date, time and place for that meeting and outlines what will be discussed. This includes discussing what adjustments are reasonable and possible, how they would operate, when they could be implemented, whether they would be permanent or temporary and what review arrangements would be put in place. In some cases, there may also need to be consequent changes to the employee’s employment terms, for example, if the adjustment involves working reduced hours, so our letter mentions that too. At the meeting itself, listen to the employee, try to understand how their disability affects them and don’t make any assumptions. Whilst you can also suggest what reasonable adjustments might help, take the lead from the employee as they’ll have a better idea of what adjustments would be helpful to them. Some adjustments will be straightforward for you to agree. With others, before you can agree to or implement them, you may need to first obtain medical advice from, say, the employee’s GP or Occupational Health, so we’ve covered that in our letter. Once adjustments have been agreed, confirm them in writing. You might also want to use our Disability Agreed Adjustments Record.
Document
06 Jul 2023