If you have a disability or health condition and your employer has refused to make reasonable adjustments in the workplace to support you, you may have grounds for a discrimination claim. Employers have a legal duty to act, and failing to do so can lead to a significant tribunal award against them. 
What the law says
In England, Scotland and Wales, the duty to make reasonable adjustments comes from the Equality Act 2010. In Northern Ireland, the equivalent duty sits in the Disability Discrimination Act 1995 (DDA). Both pieces of legislation operate on the same core principle: where a disabled person is placed at a substantial disadvantage compared to colleagues without a disability, the employer must take reasonable steps to remove that disadvantage.
The definition of disability is broader than many people realise. Under both frameworks, a person is 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. Long-term means the condition has lasted, or is likely to last, at least 12 months.
Who is entitled to reasonable adjustments in the workplace?
An employer’s duty to make reasonable adjustments in the workplace applies not just to permanent employees but to a wide range of working arrangements, including:
• Workers and contractors personally carrying out the work.
• Agency workers.
• Job applicants, during the recruitment process.
An employer does not need to receive a formal request before the duty arises. If the employer knows, or reasonably should know, that someone is disabled and facing a disadvantage, they are expected to act.
What counts as a reasonable adjustment in the workplace?
What is reasonable depends on the circumstances. Tribunals look at how effective the adjustment would be, how practical it is to implement, the cost involved, and the size and resources of the employer. A large employer with significant resources is generally expected to go further than a small business.
Examples of the types of adjustments an employer may be expected to make include:
• Offering flexible or reduced hours to accommodate medical appointments or fatigue.
• Allowing the employee to work from home, either permanently or for part of the week.
• Providing modified or adapted equipment, including assistive software.
• Reallocating tasks that the employee cannot reasonably perform.
• Offering a phased return to work after a period of illness.
• Making changes to absence management policies to disregard disability-related absences.
• Making adjustments to the physical environment, such as providing accessible workstations.
When can an employer refuse to make adjustments?
An employer is not required to make every possible adjustment to fulfil their legal obligation; they need only do what is reasonable. For example, if attending a specific location is fundamental to the employee’s role, an employer would likely not be legally required to allow the employee to work remotely indefinitely.
Since what is reasonable depends entirely on the situation, it can be difficult to know whether your employer’s refusals give rise to a claim. If you are unsure, speak to us. Our specialist solicitors will review your situation and advise on whether your employer’s failures constitute a failure to make reasonable adjustments.
Is there a time limit for making a claim?
Yes, strict time limits apply to discrimination claims, so taking advice on your position as soon as an issue arises is crucial.
In England, Scotland and Wales, you generally have three months from the date of the discriminatory act to bring a claim at the Employment Tribunal, after notifying ACAS for Early Conciliation. In Northern Ireland, the same three-month limit applies, with Early Conciliation through the Labour Relations Agency required before lodging a claim at the Industrial Tribunal.
The time starts running from the date on which the act you are complaining about occurred. In claims relating to an employer’s failure to make reasonable adjustments in the workplace, the relevant date is not always obvious. This is because the claim is based on an omission on the employer’s part rather than a positive act. There may not be a definitive decision by which the employer refused to make the adjustments you needed; they may simply have ignored the issue. Therefore, to avoid missing the deadline, you should take legal advice as soon as you suspect that there may be a problem. Our solicitors will advise you on the applicable date from which the clock started running, so that you understand how long you have to act.
How Paul Doran Law can help
We have been protecting the rights of employees around the UK for over 12 years. We act in Employment Tribunals in England, Scotland and Wales, and at the Industrial Tribunal in Northern Ireland. Wherever you are, and whatever your employment law issue, we can help and support you.
If you have been refused a reasonable adjustment, if your employer has dragged its feet, or if your employment has been put at risk because of a disability, give us a call. Our enquiry service is completely free and carries no obligation. Speak to one of our advisers on 08081687288 or make an online enquiry here.