Reasonable Adjustments

Did you know that as a disabled worker, you have the right to request changes at work that help you do your job? It’s the law!

What are reasonable adjustments?

Reasonable adjustments are changes an employer makes to remove or reduce a disadvantage related to someone's disability. For example:

● finding a different way to do something

● making changes to the workplace

● changing someone's working arrangements

● providing equipment, services or support

A disability is any long-term condition (i.e. one that lasts 12 months or more) which adversely affects someone’s ability to carry out day-to-day activities.

This can include neurodivergence and mental health conditions, so long as the above criteria are met.

Reasonable Adjustment -vs- Flexible Working Requests

Reasonable adjustments are not the same as a flexible working request.

Anybody can make a flexible working request, regardless of disability status.

Key features of an approved flexible working request (i.e. a flexible working arrangement) are:

(1) It will usually result in a permanent change to your contract (for example by fixing which days/hours you work); and

(2) The employer has a statutory right to refuse the request.

For more on this, see our guide on it here.

In contrast, a reasonable adjustment is a measure that is agreed to help someone who has a disability to assist them perform at work.

Having a reasonable adjustment does not mean that your terms of employment change, but it is put in place for as long as necessary to allow you to work.

An employer’s failure to properly deal with a reasonable adjustment request could result in discrimination.

Who can ask for reasonable adjustments?

Whether you're an employee, contractor, or just applying for a job; companies must make reasonable adjustments for disabled workers when requested.

What does “reasonable” mean?

This depends on context.

A large company has more resources than a small one and would therefore have to do more.For example, a small specialised team may be less able to re-distribute workload than a large department.

What do reasonable adjustments look like in practice?

Whatever you need to make your work, work!

Here are some examples of Reasonable Adjustments our UTAW Reps helped members win:

• Flexible 15-minute window for a neurodiverse member who experiences time blindness.
• Fixed length task assignments for a neurodiverse member who needed extra structure and planning in her job.
• Extra breaks for a member with IBS.
• Additional time to pray for many Muslim members specifically at Apple Stores.
• Increased time spent on seated assignments for a member with a bad back.
• Lower height desk for a short member with a bad ankle.
• Job interview questions ahead of time, for a neurodiverse member.
• Disciplinary questions ahead of time and/or in writing, for many neurodiverse members facing disciplinary proceedings.
• Longer toilet breaks for a member with stomach issues.
• Space to store a wheelchair for a member who uses a wheelchair.

How do I get a reasonable adjustment?

The first step is to first check your company’s policies.

We would suggest that you request a Reasonable Adjustment in writing using a template like this one: [https://www.equalityadvisoryservice.com/app/answers/detail/a_id/350]

It’s important that the changes help you manage your health and work while also being possible for your employer to implement: they're practical, affordable, and won't negatively impact colleagues.

Note: when dealing with employers, it’s important you get everything in writing. We recommend saving correspondence somewhere safe where you can access it off of company device so you have a record of what has been discussed.

If you are not sure what reasonable adjustment(s) you want, but you know that you need some help due to your disadvantage, you should request an occupational health assessment.

What will the employer do?

An employer’s response should be to seek advice on your request. This is usually done by asking for an occupational health (OH) assessment.

Larger companies may be able to undertake them in-house. Smaller companies are less likely to be able to do so, but they usually have a contract with a specialist provider.

The employer should not refuse to undertake an OH assessment. If it does, it could give rise to a legal claim. Please ensure that you retain all evidence of what happens – it is best to communicate in writing.

What if my employer isn’t convinced I need an adjustment?

As noted above, if your employer isn't sure what adjustments are best or whether you need one, they can ask for medical advice, like an occupational health assessment or for more information from your doctor, with your consent.

IMPORTANT NOTE: Employers should consult with YOU on what questions to ask the occupational health practitioner. In practice, they rarely do this. You can ask for a copy of the referral letter. You can justify your request by saying that you want to make sure that the correct questions are being asked. You can also ask to see the report before it is sent to your employer.

What if my employer refuses (fails to make a reasonable adjustment)?

If your employer does not make a reasonable adjustment it could be disability discrimination.

Your employer should:

- Talk to you about their decision

- Explain the reasoning of their decision

- Your employer should find another way to support you, like making other adjustments

If you’re still not happy that your needs are being met, you can put in a formal complaint. This could be a grievance. At this stage though, we recommend you get in touch with UTAW and we’ll support you with what to do next.

Finally…

Share this article with someone who needs to know!

And if you work in tech and want to fight for a better workplace, join us and get organised.

UTAW REASONABLE ADJUSTMENT ‘WINS’

And if you’re not convinced that being a UTAW member is worth it, here are some reasonable adjustments our reps won for members.

NOTE: this information has been anonymised to protect our members privacy.

DR

The employer wanted to impose a Performance Improvement Plan (PIP) on our Member, mainly because they said he was not performing. The member's response was that it was due to his ADHD. The pressure caused him to go off with ‘stress at work’. No formal procedures followed – i.e. they wanted to put him on a PIP without first telling him he was not performing at the right level.

We managed to get the employer to follow its processes (i.e. its own policies). This meant that the member was not put on a PIP, but went through an OH referral and got help.

MM

The member was looking to get reasonable adjustments in place to change shifts due to an anxiety disorder. They requested set shifts inline with what the doctor recommended. The employer denied.

We went through ACAS and then filed for an employment tribunal. A few days before the first tribunal date they offered a settlement. After negotiation we settled with both a set shift pattern, close to what the member wanted and a cash settlement of £3000. This was because the member had done nothing wrong and we were suing the company for compensation for the way the member had been treated.

DJ

The member was struggling with anxiety and depression. Their employer wanted them in the office 2 days a week, they asked for it to just be 1. Their employer refused. We stepped in making clear that it was their right to have this reasonable adjustment. After a grievance and appeal our member can now work from home for 4 days a week.

RS

The Member was subjected to a disciplinary. The Member argued with rep assistance that the behaviour arose from a disability and a lack of reasonable adjustments. It was argued that the manager had not been reviewing RAs regularly and a number of recommendations from an OH report from 2 years ago were never acknowledged or actioned. The company aborted the disciplinary process and instead embarked on a new OH assessment and undertook a review of reasonable adjustments, with the manager directly supported by HR in this process.

PS

Our member had a Flexible Working Request (FWR) in place (member was also likely to have protected characteristics - he has health conditions that could mean he is disabled).

The company was seeking to amend his working hours, which meant he effectively no longer had a FWR. The Member was unhappy with the new hours and no agreement was in sight after a few meetings. The employer did not want to lose him, as he was a good performer but wanted to impose the new terms/hours.

The Member was not willing to agree so it meant that we had to spell out that imposing the new terms would be dismissal and re-engagement and therefore a potential Employment Tribunal claim.

Following this, they agreed to find a pattern that suited everyone.

ZG

The employer wanted to impose a (personal improvement plan) PIP without following occupational health (OH) recommendations.

We managed to get the employer to agree to reasonable adjustments before starting the PIP. This meant our members' targets were lower under the PIP.

RS

The employer wanted to make our Member ‘redundant’. I advised him that the process seems to be age discrimination. The Member did eventually leave under a Settlement Agreement but on improved terms: he was close to 3 years’ service so they agreed to give him 3 years’ redundancy payment as part of the settlement.

TP

Member was being disciplined for a breach of the drugs policy (he used and shared cannabis at work).

The member ought to have been sacked for this (certainly for sharing – although it was not selling).

The member had a medical prescription for cannabis.

We managed to get HR to

(1) not sack him;

(2) get an OH assessment for what would help him (ADHD/ASD);

(3) seek legal advice on a fair process to follow

All of this took a few months – this was my first case for UTAW. Up to now, we have gotten him 7 months extra pay.

The member was put at risk in September and has taken Voluntary Redundancy (to be finalised in March), so we will have got him a year’s pay + an enhanced redundancy package.

SK

The member was coming back to work following extended time off as sick leave. We managed to ensure she got a phased return and support in reintegrating.

So far, so good. Our member seems to be getting on well there.

GG

The member was being asked to leave for a combination of sickness absence and redundancy, both of which were questionable - in truth, the employer probably wanted someone that had different skills (Member was the social media manager) and no health issues (this was unsaid).

We asserted our member’s rights (redundancy and EA 2010) and got a settlement - (around 4 months’ pay in total), agreed reference, plus waiver of restrictive covenants.