Employers will be well aware that they have a duty to make reasonable adjustments for disabled employees. However, there seems to be an uptick in litigation surrounding this area – we are seeing more cases reaching the Employment Tribunal with employees claiming there has been a failure to make reasonable adjustments. Earlier this year, for instance, an NHS worker was awarded over 70,000 for disability-related claims, which included a seven-month delay in providing a sit-stand desk, which had been recommended by a health and safety advisor.

Acas has also reported various issues with employers’ implementation of reasonable adjustments, including a lack of knowledge about possible reasonable adjustments to make and disputes concerning whether an adjustment is "reasonable".

In this blog, we provide a reminder of the duty to make reasonable adjustments and some tips for employers on how to implement it effectively.

The law

The duty to make reasonable adjustments arises where a disabled person is placed at a substantial disadvantage by:

• An employer’s provision, criterion or practice (PCP). This is defined broadly and can include formal or informal practices, policies and arrangements of the employer. It can also include one-off decisions.
• A physical feature (for example, a feature arising from the design of a building or equipment on the premises or an entry/exit to a building).
• An employer’s failure to provide an auxiliary aid (for example, additional computer equipment).

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