What every employer needs to know about supporting employees fairly

Most employers want to do the right thing when an employee discloses a health condition or begins struggling at work because of a long term condition or disability. In these situations, it’s important to consider reasonable adjustments that can support the employee effectively.

The challenge is rarely a lack of good intentions. More often, it is uncertainty about what the law requires, what adjustments may be considered reasonable, and how employers should approach what can sometimes be sensitive and complex conversations.

Reasonable adjustments remain one of the most common areas of employment law risk for businesses of all sizes. Despite this, many disputes arise not because an employer refuses to help, but because concerns are not identified early enough, assumptions are made, or adjustments are not properly explored and documented.

For growing businesses, understanding how to manage reasonable adjustments in practice is becoming increasingly important. A workplace that enables employees to perform at their best is not only more likely to meet its legal obligations, it is also more likely to retain valuable talent, improve attendance and reduce workplace conflict.

The duty to make reasonable adjustments

Under the Equality Act 2010, employers have a duty to make reasonable adjustments where a disabled employee, worker or job applicant is placed at a substantial disadvantage compared to someone who is not disabled.

The purpose of reasonable adjustments is not to provide preferential treatment. Rather, it is to remove or reduce workplace barriers that make it more difficult for a disabled person to access employment, perform their role or participate in workplace activities.

Importantly, the duty is proactive. Employers are expected to consider what support may be required once they know, or could reasonably be expected to know, that an individual has a disability and may be experiencing a disadvantage because of it.

This is often where difficulties begin. Employers sometimes focus on whether a condition meets the legal definition of disability, whilst overlooking the more practical question of whether an employee is experiencing difficulties that may require support.

Reasonable adjustments are not just about physical disabilities

When employers think about reasonable adjustments, they often picture physical workplace adaptations such as ramps, specialist equipment or accessible workstations.

Whilst those adjustments may be necessary in some circumstances, many requests relate to conditions that are less visible, including mental health conditions, neurodivergence, long-term health conditions and, in some cases, menopause-related symptoms. Depending on the circumstances, these conditions may give rise to a need for workplace adjustments.

The fact that a condition may not be immediately obvious does not remove the employer’s obligation to consider whether support may be required.

Equally, employees do not necessarily need to use legal terminology or explicitly state that they require a reasonable adjustment before employers should begin exploring whether support may be appropriate.

There is no pre-approved list of reasonable adjustments

One of the most common misconceptions is that there is a definitive list of adjustments that employers must provide. There is not.

What is considered reasonable will depend on the circumstances of the particular business, the individual’s role, the disadvantage being experienced and the effectiveness of the proposed adjustment.

Where straightforward adjustments can be implemented quickly and at little cost, there may be no need to delay support whilst waiting for medical evidence. In other situations, particularly where the impact of a condition is unclear or more significant adjustments are being considered, medical advice may be an important part of the decision-making process.

Examples of adjustments may include:

  • Adjusting working hours or start and finish times.
  • Allowing hybrid or home working where appropriate.
  • Modifying duties or reallocating certain tasks.
  • Providing specialist equipment or software.
  • Adjusting workplace policies or procedures.
  • Allowing additional breaks.
  • Providing written instructions or alternative communication methods.

An adjustment that is reasonable for a large national employer may not necessarily be reasonable for a small business with limited resources. Equally, an adjustment that works well for one employee may be completely ineffective for another.

The focus should always be on the disadvantage being experienced and whether the proposed adjustment helps to address it.

Start with a conversation

Many adjustment-related disputes could be avoided through earlier and more meaningful conversations. When an employee raises concerns about a health condition, employers should avoid rushing to solutions or making assumptions about what support might be needed. Instead, the first step is usually to understand the impact the condition is having in the workplace.

Questions such as the following can often be helpful:

  • What difficulties are you experiencing at work?
  • Which parts of your role are being affected?
  • Is there anything that would make those tasks easier to perform?
  • Have adjustments been successful in previous roles?
  • Is there any medical guidance available?

The most effective adjustment processes are collaborative. Employers bring an understanding of the role and operational requirements, whilst employees are often best placed to explain the practical impact of their condition.

Not every request has to be agreed

A common concern for employers is that agreeing to discuss adjustments means they must automatically accept every request made. That is not the case.

The legal obligation is to consider reasonable adjustments, not to implement every adjustment requested.

There may be legitimate reasons why a particular adjustment is not practical, affordable or effective. However, where an adjustment request is rejected, employers should be able to explain why that decision has been reached and what alternative options have been considered.

A decision that is properly considered, documented and supported by evidence is generally easier to defend than one that appears dismissive or rushed. Records should always be maintained and demonstrate that they took the issue seriously.

Reasonable adjustments are not a one-off exercise

Workplaces change. Roles develop. Health conditions fluctuate.

An adjustment that works well today may no longer be appropriate six months later.

For that reason, reasonable adjustments should not be viewed as a single event but as an ongoing process. Periodic review meetings provide an opportunity to discuss whether adjustments remain effective and whether any further support may be required.

What should employers be doing now?

For many businesses, the biggest risk is not a deliberate failure to support employees. It is the absence of a clear and consistent approach.

Employers should consider whether:

  • Managers understand when the duty to consider adjustments may arise.
  • Employees know how to request support – is it in your employee handbook?
  • Workplace policies reflect current legal obligations.
  • Adjustment discussions are being documented appropriately.
  • Occupational health referrals are being used where necessary.
  • Adjustment arrangements are reviewed periodically.

A consistent approach helps ensure that concerns are identified early and decisions are made fairly, transparently and with appropriate evidence.

The bigger picture

Reasonable adjustments are often viewed through the lens of legal compliance, but their impact is much wider than that. Done well, they can improve productivity, reduce absence, increase employee engagement and help businesses retain experienced employees who might otherwise leave the workplace.

The legal duty to make reasonable adjustments is an important one, but in practice it is rarely about legal technicalities alone. More often, it is about communication, understanding individual circumstances and taking practical steps to remove unnecessary workplace barriers.

For employers willing to engage constructively and approach conversations with an open mind, reasonable adjustments need not be complicated. The organisations that manage them most successfully are often those that focus on finding practical solutions rather than searching for perfect answers.

How we can help

Reasonable adjustments can present complex legal and practical challenges, particularly where medical evidence is evolving, workplace requirements are changing or there is uncertainty around what support may be considered reasonable.

If you would like to review your policies, seek advice on a specific situation or ensure your managers are equipped to handle adjustment requests confidently and lawfully, our team would be happy to help.