Reasonable Adjustments

The Equality Act 2010 places a duty on employers to make "reasonable adjustments" to any provision, criterion or practice that they apply and to physical features of their premises, to accommodate the needs of disabled employees and job applicants. The following guidance is provided to support managers in implementing reasonable adjustments for disabled staff in accordance with the Equality Act 2010, and in line with the University’s Equal Opportunities Policy.

Reasonable Adjustments and Responsibilities under the Equality Act 2010

The duty to make reasonable adjustments applies to three separate requirements:

1. Adjusting the way things are done.

This refers to any provision, criterion or practice which may place a disabled person at a substantial disadvantage in comparison to someone who is not disabled. These cover all aspects of employment, for example: recruitment and selection; promotion; training; retention, including sickness absence policies.

2. Adjusting physical features of the workplace.

It may be necessary to make adjustments to overcome barriers created by the physical features of the workplace. This includes any physical feature which puts a disabled person at a substantial disadvantage compared with a non-disabled person.

3. Providing extra equipment.

The Equality Act 2010 refers to this as an auxiliary aid (for example a hearing–loop) or an auxiliary service (a person/service provider that gives assistance to the disabled person). This requirement means taking reasonable steps to provide an auxiliary aid where the absence of such an aid would place a disabled person at a substantial disadvantage when compared with persons who are not disabled.
There can be no justification for a failure to make a ‘reasonable’ adjustment.

Examples of Possible Reasonable Adjustments

The following list sets out some possible examples reasonable adjustment which could be made to accommodate an individual’s disability.

Please note that reasonable adjustments can be agreed on a temporary, occasional or a permanent basis.

• Modifying instructions or reference manuals, e.g. providing them in Braille or large print;
• Providing additional or tailored training, coaching or mentoring, for example for someone with severe dyslexia;
• Adjusting working hours, for example allowing someone whose medication’s side effect is fatigue a later or flexible start time, or more frequent rest breaks;
• Changing the place of work, for example moving an individual with limited mobility to a ground-floor location or allowing home working for part of the working week;
• Providing special equipment, for example voice-activated software for someone with a visual impairment;
• Providing a reader or interpreter, e.g. for someone who is deaf;
• Agreeing to part-time working;
• Changing the method of doing the job, e.g. allowing an employee who cannot drive due to epilepsy to use taxis for business travel;
• Adjusting the duties of the job, for example exempting an employee with a back condition from the elements involving physical work;
• Modifying procedures for testing and / or assessments as part of a recruitment exercise;
• Extending an individual’s probationary period if disability-related sickness has prevented the individual from being able to demonstrate an acceptable level of performance during the normal probationary time-scale for the role;
• Arranging for meetings to be held at a location or at a time to suit the individual or arranging for short breaks during long meetings - (for example, during disciplinary or grievance procedures);
• Allocating some minor aspects of the role to another / other individuals without overburdening other individuals.

Useful factors to consider when determining what is reasonable

• How effective the change will be (if it doesn’t remove or ‘substantially alleviate’ the disadvantage to the employee you will not have to make the adjustment);
• Its practicality;
• The disruption to business caused by the adjustment;
• Health & safety considerations e.g. the effect it will have on other staff;
• The extent of financial resources and the financial or other assistance which may be available to the employer to help make the adjustment e.g. Access to Work may be able to provide funding; [LINK]
• Occupational Health/GP/Specialist advice on the need for an adjustment

It is important to be cautious to ensure that any reasonable adjustments are not based on assumptions or incorrect perceptions as to someone’s disability. This can be avoided by ensuring, as a manager, you speak to the individual about their needs (see guidance to reasonable adjustments) [LINK]. 

Good Practice when making Reasonable Adjustments

• Give consideration to making reasonable adjustments, where possible, for those who may have a health issue which may not be covered by the Equality Act 2010 definition of a disability.
• Ensure that throughout every aspect of the employment relationship, the disabled person has the same access to everything that is involved in getting and doing a job as a non-disabled person, as far as is reasonable.
• Consider each case fully and fairly. Managers are encouraged to liaise with Human Resources, as required.
• Advice and support may be sought from Human Resources at any stage of considering and implementing reasonable adjustments. Though it is recognised that a lot of situations may be addressed simply.
• Although there are no prescribed time-scales for making reasonable adjustments and these will be dependent upon the type of adjustment required, it is important that any such adjustments are put in place as promptly as possible.
• If you anticipate that there may be any funding issues or there may be a delay in implementing a reasonable adjustment, please contact you HR Adviser for advice. This is particularly important if the delay may prevent the individual from returning to work.

Reasonable Adjustments and Redeployment

Redeployment may be explored in instances where for example;

• all possible reasonable adjustments have been explored but do not meet the needs of the individual;
• adjustments that have been tried were not effective;
• adjustments are no longer effective.

If it is felt that redeployment may be a potential option, please contact your customary HR Lead/Adviser.

For guidance on the Process for identifying and implementing Reasonable Adjustments, please see:
www.sheffield.ac.uk/hr/guidance/leave/sickness/disability/raprocess