Over recent weeks we have seen the government unveil a series of proposals designed to ‘unlock work’ for millions of people in the UK living with a disability. The so-called ‘Plan for Change’ aims to help the almost 2.5 million people in the UK who are ‘economically inactive’ due to long-term sickness or disability. As part of this, the Access to Work scheme is likely to undergo its first substantive change since it was first introduced back in 1994.
Much of the detail about what those changes will look like are still being ironed out, however, initial indications suggest that there is likely to be a greater onus on employers to make reasonable adjustments themselves in order to relieve some of the financial pressure on the Access to Work scheme following a recent surge in applications.
What does ‘reasonable adjustments’ mean and what does the law say?
Supporting disabled employees as they return to work is not only good practice — it’s a legal obligation. Under the Equality Act 2010, employers have a duty to make reasonable adjustments to ensure disabled individuals are not placed at a substantial disadvantage compared to their non-disabled colleagues.
This legal duty is especially important when an employee starts work and an employer is aware of any disability or returns to work after an absence due to illness, injury, or where there is a change in their condition such that any adjustments will need to be reviewed. Creating a supportive and accessible environment isn’t just about legal compliance; it’s about ensuring equity, dignity, and productivity in the workplace for all disabled staff.
The Equality Act 2010 protects individuals from discrimination on the grounds of disability, among other protected characteristics. For the purposes of the Act, a person is considered disabled if they have a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.
Under this legislation, employers are required to take reasonable steps to remove or reduce disadvantages faced by disabled employees. This duty arises when the employer knows—or could reasonably be expected to know—about the employee’s disability.
What are reasonable adjustments?
Reasonable adjustments are changes that an employer can make to remove barriers that prevent disabled employees from performing their jobs effectively. These adjustments might include:
Changes to physical premises (e.g. ramps, accessible toilets, adapted workstations)
Adjustments to working hours or patterns (e.g. flexible or part-time work, phased returns)
Provision of special equipment or software (e.g. screen readers, ergonomic furniture)
Modifications to policies or procedures (e.g. allowing extra breaks, support with communication)
Reallocating non-essential duties if they are a barrier to returning
The key word here is reasonable—what’s considered reasonable depends on factors such as the size and resources of the employer, the practicality of the adjustment, cost and the effectiveness of the change in removing the disadvantage.
Therefore on some occasions, it may be by possible for an employer to make the adjustment requested but the employer should be prepared to show how they’ve reasonable considered that request, the grounds on which it has been refused (to show the refusal was justified) and to consider any alternative adjustments that could be made.
Why it matters for employers
Failing to make reasonable adjustments can amount to disability discrimination under the Equality Act, and employers may face claims at an Employment Tribunal. Beyond the risk of legal consequences, it can also harm morale, company reputation, and staff retention.
By contrast, employers who engage proactively and supportively with returning disabled employees often see better outcomes across the board—higher productivity, improved loyalty, and a healthier, more inclusive workplace culture.
A tailored, collaborative approach
The process of making adjustments should always be collaborative. Employers are encouraged to talk openly with employees about their needs and explore practical solutions. Medical advice—such as from a GP or occupational health professional—can also help guide appropriate adjustments.
A return-to-work plan, developed jointly, can help structure the transition and ensure both employee and employer feel confident about the arrangements in place. Contact our Employment team today on 0161 696 6170 to learn more.
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