The Equality Act 2010 and Reasonable Adjustments

The Equality Act 2010 legally protects people from discrimination in the workplace and in wider society. The Act requires public and private sector organisations to make reasonable adjustments to ensure that people with disabilities or health conditions are not disadvantaged.

The Equality Act 2010 consolidates previous anti-discrimination laws into one act, making the law easier to understand and strengthening protection in some situations and it applies to a range of scenarios.

The Act protects people from discrimination based on nine characteristics, which are:

  • age
  • disability
  • gender reassignment
  • marriage or civil partnership
  • pregnancy and maternity
  • race
  • religion or belief
  • sex
  • sexual orientation.

The Act prohibits direct and indirect discrimination, harassment, and victimisation.

The Equality Act 2010 applies to employers, service providers, anyone selling goods or providing facilities, and associations.

The Act creates duties, such as a duty to make reasonable adjustments for disabled people.

Public authorities are subject to a Public Sector Equality Duty, which requires them to consider equality when exercising public function.

The Equality Act 2010 covers many areas of employment, including:

  • Application forms.
  • Interview arrangements.
  • Aptitude or proficiency tests.
  • Job offers.
  • Terms of employment, including pay.
  • Promotion, transfer, and training opportunities.
  • Dismissal or redundancy.
  • Discipline and grievances.
  • Working Environment.

The Equality and Human Rights Commission (EHRC) enforces the Equality Act 2010. The EHRC provides advice to individuals and organisations and can take regulatory action against organisations that appear to have broken the law.

Reasonable adjustments are changes that employers make to help employees with disabilities or health conditions perform their jobs where they may be disadvantaged due to their disability. These adjustments do not have to be complex and are often simple, low-cost, and straightforward changes. 

By law, an employer must make reasonable adjustments if:

  • They know, or could be reasonably expected to know, that someone is disabled.
  • A disabled staff member or job applicant asks for adjustments.
  • Someone who is disabled is having difficulty with any part of their job.

You can ask your employer to help you identify what adjustments you need.

What is reasonable depends on each individual and their individual situation.

In particular employers must consider carefully if the adjustment:

  • Will remove or reduce the disadvantage, the employer does not have to change the basic nature of the job but should talk with the person and not make assumptions.
  • Is practical to make.
  • Is affordable.
  • Could harm the health and safety of others.

Here are some examples of reasonable adjustments:

  • Physical changes: Installing a ramp, changing the layout, or providing an audio-visual fire alarm.
  • Equipment: Providing a special keyboard, mouse, or other adapted equipment such as chairs, computer software and phones.
  • Work arrangements: Allowing a phased return to work, changing hours, or reducing workload, working from home or hybrid working.
  • Services and support: Providing British Sign Language interpreters, giving information in alternative formats, or offering extra help from staff.
  • Mental health adjustments: Reviewing tasks or deadlines, breaking down work into short-term tasks, or moving someone into a different role.
  • Recruitment: Changing the recruitment process so a candidate can be considered for a job and holding a job interview in a room that’s accessible for someone who uses a wheelchair. 

Employers are required to make reasonable adjustments for all workers, including trainees, apprentices, contract workers, and business partners. The law forbids employers from making disabled workers pay for any reasonable adjustments.

If the help you need at work is not covered by your employer, you may be able to get help from Access to Work which is a grant to help pay for practical support with your work.

If an employer does not make reasonable adjustments for a disabled employee or job applicant, it could be disability discrimination. This type of disability discrimination is called ‘failure to make reasonable adjustments’.

This is the term for when an employer doesn’t make changes to remove or reduce a disadvantage related to someone’s disability.

An employer could be liable under the law if they don’t make reasonable adjustments.

Here are some things you can do if your employer does not make reasonable adjustments:

  • Try talking informally with your employer. Ask them to consider the adjustments requested and let you know in writing of the outcome.
  • Ask to be referred to Occupational Health for an assessment.
  • If you are a member of a trade union, you could ask your union representative to help you make your request.
  • If talking to the Manager does not resolve the issue, then you can raise a formal complaint to the employer by following the company’s grievance process.
  • If the grievance process fails, you should seek legal advice from an Employment Law Solicitor.  Many offer a free initial call.
  • Your options will depend on the circumstances and the nature of the complaint or issue. In extreme cases, this could include resigning and bringing a claim constructive dismissal as well as a disability discrimination claim. Always obtain legal advice before resigning.
  • You could also contact ACAS for support.  This is a free service that can also help to resolve workplace disputes between an employee and their employer without going to an employment tribunal. 

If you feel you are being discriminated against, you should get advice as soon as possible. There are time limits for taking legal action about discrimination so you should act quickly. The time limit for making a claim is 3 months minus a day from the date of the act or omission you are complaining about.

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The information contained in this blog post is provided for guidance and is a snapshot of the law at the time it is written. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.


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