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The Equality Act 2010 requires employers to make reasonable adjustments for disabled employees, prevent discrimination, and remove substantial disadvantages. These obligations apply regardless of organisation size, though what's considered "reasonable" varies.
A disability under the Act means a physical or mental impairment with substantial, long-term adverse effects on normal daily activities. "Substantial" means more than minor, "long-term" means lasting or likely to last a year or more.
The definition includes both physical and mental health conditions. For example, arthritis, chronic back pain, diabetes, and epilepsy can qualify as disabilities when they substantially affect daily activities. Clinical depression, anxiety disorders, PTSD, and OCD can also constitute disabilities.
Under English law, certain conditions are deemed disabilities from the outset while others require assessment.
Automatically considered disabilities (no assessment needed) include cancer (from point of diagnosis), HIV (from point of diagnosis), Multiple Sclerosis (from point of diagnosis), certified/registered visual impairment and progressive conditions once they start affecting daily activities.
Under UK employment law, a wide range of medical conditions can qualify as disabilities if they significantly impact daily activities over the long term such as arthritis, hearing impairments, vision impairments, chronic pain conditions like fibromyalgia or ME/CFS and mental health conditions like severe anxiety, depression, or bipolar disorder can also be disabling, impacting focus, decision-making, and stress management at work.
For the above types of conditions, employers will need to make a judgment, liaising closely with the employee and also seeking to rely on medical advice. Employers can face a real dilemma, depending on what adjustments an employee requests or are suggested by medical experts, but should adopt a prudent and cautious approach if in doubt, while assessment is ongoing and consider :-
Making provisional adjustments
Documenting decision-making process
Keeping medical information confidential
Employers are well advised to ensure they are protected during the above interim period, not losing the right to dispute that the employee has a disability or remove any adjustments. Good legal advice is important at this stage.
The concept of "reasonable adjustments" under English law comes from both statute and case law, but is intentionally not strictly defined in legislation. Instead, the Act lists factors that should be considered :-
Effectiveness of the adjustment
Practicality of making it
Financial and other costs
Organisation's resources and size
In terms of practical adjustments, section 20 of The Equality Act 2010 establishes the duty to make reasonable adjustments and provides 3 core requirements for adjustments :-
Changing provisions, criteria or practices
Modifying physical features
Providing auxiliary aids
The list of potential reasonable adjustments is very wide and dependent on individual conditions and situations. Some of the more common adjustments our employer clients have made include :-
Modified working hours or flexible schedules
Specialised equipment (ergonomic chairs, adapted keyboards, screen readers)
Adjusting workstation layout/location
Working from home
Additional breaks
Reallocation of minor duties
Providing information in accessible formats
Modified training or supervision methods
Parking space arrangements
Adjusting workplace temperature/lighting
Voice recognition software or other assistive technology
All adjustments should be regularly reviewed and adjusted based on employee needs.
Gather medical evidence - employers should obtain comprehensive medical information through occupational health reports, GP assessments, and specialist opinions. This should include functional capability assessments where appropriate. Documentation must show a clear audit trail of evidence gathered.
Assess daily activity impact - a thorough evaluation should consider how the condition affects work tasks, mobility, cognitive function, and workplace interactions. Consider impacts on commuting and personal care. The focus should be on substantial effects that go beyond minor inconvenience.
Determine duration - consider both the condition's history and likely future impact. Many conditions fluctuate - proper assessment looks at the overall pattern rather than just current effects. Document recurring symptoms and review treatment timeframes to establish the long-term nature.
Review ongoing treatment needs and their workplace implications.
Record decisions - maintain comprehensive records showing what evidence was considered, consultation undertaken, and reasoning for decisions. This documentation proves crucial if decisions are later challenged.
A systematic and careful approach is needed if an employee claiming disability and need for adjustments is unco-operative in providing medical records or attending a medical exam. Employers should :-
document all requests for medical information/examination.
explain in writing why information is needed.
keep making reasonable efforts to obtain co-operation.
record all employee refusals/non-responses.
issue a final written request with deadline.
state consequences of continued non co-operation.
consider occupational health referral even without full records.
Ultimately, the employer must make decisions based on available information but should document reasoning for all decisions, informing the employee that the decision has been made on information provided. Committing to regular reviews in the future is also important where a request is rejected and/or to ensure adjustments remain effective.
Adjustments can be reviewed and modified if circumstances change, but removal requires careful consideration of :-
Changes in employee's condition
Business reorganisation impact
New workplace requirements
Alternative adjustments available - always consult employee and obtain medical advice before removing adjustments.
Our specialist employment team provides experienced and practical advice including :-
Risk assessment
Medical evidence review
Return to work advice
Grievance handling
Tribunal representation
Settlement negotiations
Appeal management
Mediation support
Get in touch
If you would like to speak with a member of the team you can contact us on:
Partner - Head of Corporate Commercial and Employment
Louisa is a Partner and Head of Department in the Corporate Commercial and Employment departments.
She undertakes a range of commercial work from advising on mer...
