Reasonable adjustments: why do so many employers still get it wrong?

Getting reasonable adjustments wrong is not just a risk for smaller organisations without dedicated HR support – big organisations, such as HMRC, are still seeing a gulf between policy and practice. A recent tribunal saw an HMRC trainee awarded over £155,000 after the department failed to make reasonable adjustments, including implementing agreed workload changes. His ongoing performance issues were then treated as “excuses,” his training failed without occupational health being consulted, and when he raised concerns about how he was being treated after disclosure, colleagues were found to have assumed he was lying about his disability.

It’s a stark reminder that even organisations with dedicated HR resources can fail, usually not because they don’t know the law, but because of the gap between policy on paper and practice on the ground. 

It’s time to talk about getting it right.

What are reasonable adjustments?

Under the Equality Act 2010, employers have a legal duty to make reasonable adjustments for disabled employees (and job applicants) where a workplace policy, practice, or physical feature puts them at a substantial disadvantage compared to people who aren’t disabled.

What makes an adjustment “reasonable”?

This is where a lot of employers trip up, because “reasonable” actually has two parts:

1. Is it reasonable to ask for, given the employee’s disability?
2. Is it reasonable for the organisation to implement?

There’s no fixed checklist that applies to every situation. This should be assessed on a case-by-case basis, using the ACAS framework as a guide. In practice, that means asking whether the adjustment:

• Will remove or reduce the disadvantage – the employer should talk with the person and not make any assumptions
• Is practical to make
• Is affordable
• Could harm the health and safety of others
• Does not change the basic nature of the job

How to get it right: don’t assume, record and document

Getting this right isn’t about knowing the law in the abstract, it’s about having a process that managers actually follow. Below is a simple decision tree for a reasonable adjustment process.

Step 1: Is there a barrier?

Is something at work making it harder for the employee to perform compared to others?

• ❌ No → No adjustment needed (review later if circumstances change)
• ✅ Yes → Go to Step 2

Step 2: What would help?

Ask the employee: “What change would remove or reduce this barrier?” Don’t assume someone’s capability.

• If unsure → trial options
• Keep it a collaborative discussion

Step 3: Is it reasonable?

Consider:

• Does it remove the barrier/disadvantage?
• Is it practical to make?
• Is it affordable? (cost vs organisation resources)
• What’s the impact on others?
• Are there health & safety considerations?
• Does it change the basic nature of the role?

If yes → implement, and set a review date. If no → explain why, and explore alternatives.

Step 4: Document

It’s best practice to document the conversation, the agreed reasonable adjustments, the rationale if an adjustment isn’t feasible, and the next steps. If it’s not recorded, it effectively didn’t happen in the eyes of the law, a lack of documentation can create potential liability.

Step 5: Review

Adjustments should be reviewed periodically, not assumed to be permanent or fixed.

The important points from this case are:

• Don’t assume someone’s capability and/or disability
• Ensure you have a reasonable adjustments process that clearly documents the process
• An employee does not have to “prove” they have a disability, they should be believed, and the relevant steps taken to remove the workplace barriers
• Ensure managers are trained on disabilities and reasonable adjustments

This is just a brief example of a process for reasonable adjustments. It’s important that organisations look closely at their own reasonable adjustments processes and ensure standardisation across the organisation, along with robust training for managers.

How we can help

Please see our free webinar resource for a more detailed overview of reasonable adjustments in the workplace on YouTube.