Reasonable Adjustments | A Guide to what is "Reasonable"

In recent years, creating an inclusive and accessible workplace has not just been a legal requirement—it is a commitment to fostering a diverse, supportive and productive environment for all employees. In competitive markets, becoming the employer of choice has never been more relevant - one major step towards this is ensuring your business meets the needs of your workforce by implementing reasonable adjustments for employees with disabilities or other specific needs.

But what exactly are reasonable adjustments, and why are they so important?

A reasonable adjustment can be a modification or change made to the workplace to alleviate disadvantage suffered by employees with disabilities or other specific needs and help them to perform their job roles successfully. These adjustments can vary widely depending on the employee's condition and needs, but their purpose is always to ensure that the employee can access the same opportunities and perform to the best of their abilities in their working environment.

Why are they necessary?

• Reasonable adjustments are crucial for creating a more inclusive society. The world has become more conscious and aware of the need to prevent people from 'being singled out' - there is a much greater awareness and understanding of many disabilities that were once ignored or hidden. Where reasonable adjustments are not implemented, employees often face being excluded or disadvantaged at work.   
• Reasonable adjustments ensure people in the workplace are on an even keel - they are often straightforward and simple adjustments, which can not only support disabled people but can be adjustments that boost everyone's ability to perform well in the workplace. 

Types of reasonable adjustments in the workplace

Reasonable adjustments in the workplace can take many forms, not all require structural changes or carry substantial costs. Many adjustments not only offer support to those that might be disadvantaged without them but can offer all-round inclusivity, increasing all employee's productivity and generally assist the entire workforce.

For example, some common examples of adjustments employers might implement to ensure disabled employees are on a level playing field but that may ultimately help all individuals reach their full potential include:

• Ergonomic Workstations - including adjustable desks, chairs, or keyboards
• Quiet Spaces - creating quiet zones, permissions to wear headphones, lowered lighting areas
• Assistive Technology - providing screen readers, speech-to-text software, or Braille keyboards
• Specialised Software - offering programs like dictation software or screen magnifiers
• Flexible Working / Remote Working - allowing employees to adjust their working hours to accommodate medical appointments, fatigue, or other health-related needs along with offering the option to work from home. 
• Changes to Visual Materials - for example the colour of paper used or specific colour overlays.
• Task Modification - altering or redistributing tasks that an employee finds difficult, reducing their workload allowing employees to manage a lighter workload or extended deadlines when their condition makes it difficult to meet standard expectations or job redesign in some cases, jobs can be adjusted to focus more on an employee’s strengths.
• Additional Support and Mentoring - to provide one-on-one coaching or mentoring along with modified training to offer training in accessible formats such as audio, large print, or video captioning.
• Clear and Simple Instructions - using straightforward, unambiguous language and visual aids for employees with cognitive disabilities or learning difficulties. Or providing material in alternative formats that are accessible to employees with disabilities, such as braille, large print, or digital formats compatible with screen readers.

How are reasonable adjustments determined?

The process of determining reasonable adjustments usually involves a conversation between the employer and employee to identify the barrier to understand the specific needs and barriers they face in the current environment or system. Employers can also involve medical professionals and occupational health advisers to support in the assessment and implementation of adjustments. From this dialogue you can explore possible adjustments that can be made, keeping in mind that the adjustment must be reasonable and proportionate to the situation. It is important for all involved to consider the resources, costs and time required for making the adjustments. An adjustment that is extremely costly or logistically challenging may not be deemed reasonable in some cases. 

What makes an adjustment "reasonable"?

While the concept of reasonableness is subjective, several factors influence whether an adjustment is considered reasonable:

• Cost - how much will the adjustment cost? An employer might be able to make minor adjustments, but if the change requires substantial financial investment, it could be deemed unreasonable, especially for smaller businesses.
• Practicality - can the adjustment be realistically made? For instance, altering an office layout might be feasible in some spaces but not others.
• Impact - how significant is the adjustment in terms of the individual's ability to participate or perform their tasks? Will it actually alleviate any disadvantage being experienced? The more crucial the adjustment is for an individual’s participation, the more likely it is to be considered reasonable.
• Resources Available - the resources of the business and employer making the adjustment matter. Larger businesses may be expected to make more substantial adjustments than smaller ones.

The importance of a supportive culture

While reasonable adjustments are often viewed as legal obligations, they also play a key role in fostering a supportive and inclusive culture. When an employer is seen to try to accommodate the needs of individuals, it demonstrates a commitment to diversity, equality, and respect. This not only benefits the individuals receiving the adjustments but also creates a more collaborative and compassionate environment for everyone.

Moreover, inclusive workplaces that actively support individuals with disabilities are often seen as more attractive to potential employees, enhancing employee well-being, increasing retention and leads to a more diverse/wider talent pool with a broader range of perspectives.

When everyone has the chance to contribute, the workplace and business benefit from diversity of ideas, experiences and skills that people with disabilities bring to the table. 

We have a team of experienced employment law solicitors who can advise and assist your company on all aspects of employment law, including matters relating to disability and discimination in the workplace.

Photo by CDC on Unsplash, with thanks.