The duty to make reasonable adjustments for disabled workers 


A key concept of the EA 10 is the duty to make reasonable adjustments (section 20, EA 10). This is a positive statutory duty, owed by the employer to a disabled person, to take “reasonable steps” to alleviate any substantial disadvantage to that person compared to non-disabled workers, as a result of any provision, criterion or practice at work. 


Effectively, the duty requires the employer to engage in reasonable positive discrimination in favour of the disabled worker, to remove barriers that prevent the worker from entering the workplace and contributing productively. The fact that a step taken by an employer to support a disabled worker is not also available to their non-disabled colleagues is irrelevant when it comes to deciding whether it is “reasonable”.


The duty is owed to the individual disabled worker. This means that the appropriateness of the adjustments depends on the needs of that individual. It is not an abstract duty. The duty is not owed until a disabled worker presents him or herself, by applying for a job.


The duty is not owed to anyone except the disabled person. It is not owed, for example, to the disabled person’s carer or parent (Hainsworth v Ministry of Defence [2014] IRLR 728 CA). 


Obvious examples of a provision, criterion or practice (PCP) include sickness absence and redundancy or discipline and grievance policies. However, the concept of a PCP is very wide and could even include the decision to dismiss (Hibbert v The Home Office [2013] UKEAT 0138/13/2410). 


“Steps” also has a very wide meaning, and can include any change to the PCP that could remove a disadvantage (Griffiths v Secretary of State for Work and Pensions [2015] EWCA Civ 1265). The only relevant question is whether the step is reasonable. Examples of common adjustments include:


• special interview arrangements;


• modifying recruitment selection procedures, for example, allowing more time to complete tests; 


• reallocating duties;


• altering hours, or offering reduced hours;


• permitting working from home; 


• a phased return after sickness absence; 


• transferring a newly disabled person (or a person whose disability has worsened) into a more suitable existing vacancy;


• extra training;


• time off for medical treatment;


• relaxing workplace rules, for example, allowing extra breaks or time away from the computer; 


• modifying redundancy selection procedures; and


• modifying redeployment procedures. 


Whether or not an adjustment is reasonable will depend on the particular circumstances of each case. 


There is information about using the reasonable adjustments duty in the context of sickness absence and dismissal in Chapter 8.