Full framework for understanding reasonable adjustments
TITLE
A Structured Framework for Understanding Reasonable Adjustments
📄 Download full framework (PDF)
← Return to Operational Framework
Introduction
The Equality Act 2010 places a positive duty on employers, education providers, organisations and service providers to avoid disadvantage for disabled people. This is done by making reasonable adjustments.
Difficulties about adjustments often arise because of a lack of understanding of what this duty means in real-life situations. Decisions are sometimes made without properly considering the nature of the disadvantage or the possible ways of removing it.
This document sets out a practical approach to the duty to make adjustments in a structured and transparent way. It translates the principles of the Equality Act into a step-by-step process that can be applied in everyday situations.
The aim is to assist employers and organisations to focus on the key questions they are expected to consider, including whether aspects of the environment, systems or working arrangements create disadvantage. By approaching these questions in a structured way, organisations are better able to remain compliant with the legislation and to encourage the best outcome for both parties.
When the Duty to Consider Adjustments Begins
For the purposes of this framework, the starting point is that the person involved is disabled, or could reasonably be recognised as disabled.
The duty to consider reasonable adjustments does not depend on the individual formally claiming disability. Organisations should be alert to situations where disability may reasonably be apparent from the circumstances.
In some situations the legislation also expects organisations to anticipate disadvantage where disability is reasonably predictable. In these cases consideration of adjustments may need to begin even before a specific difficulty has been raised.
Once disability is known, apparent, or reasonably anticipated, organisations should begin considering whether aspects of the environment, systems or working arrangements place the individual at a disadvantage.
The duty to make reasonable adjustments does not depend on the disabled person making a request or identifying a solution. Once disability is known, or could reasonably be recognised, the organisation must take responsibility for identifying disadvantage and taking steps to avoid it.
If an organisation believes that the individual is not disabled, or that the duty does not apply, that position should be clarified at the earliest possible stage.
What the Duty to Make Adjustments Means in Practice
Although the relevant section of the Equality Act is commonly described as the duty to make reasonable adjustments, this wording can easily be misunderstood. The legislation is better understood as requiring organisations to take steps to avoid disadvantage arising from disability. The steps taken to achieve this are the adjustments.
For this reason, it is often more helpful to think of the duty as a duty to avoid disadvantage by making adjustments, rather than a simple duty to make adjustments in response to requests.
The duty cannot be understood simply as responding to requests made by individuals. It requires organisations to actively consider how disadvantage arising from disability might be avoided.
Because the duty is to take steps to avoid disadvantage, action is the starting point. Where a step would remove or reduce disadvantage, it should ordinarily be taken unless there is a sufficient reason why it would not be reasonable to do so.
How Misunderstanding Commonly Arises
The aim, confirmed in case law, is to place the disabled person as nearly as possible in the position they would have been in if they did not have the disability. That has to be the starting point when considering how the duty should be applied.
This principle is easily misunderstood if attention is directed to a proposed adjustment before the nature of the disadvantage has been properly understood.
Starting with the adjustment rather than the disadvantage may lead to solutions that do not properly address the underlying problem.
The Adjustment Decision Process
Recognise disability
Identify disadvantage
Consider possible changes
Identify which changes remove the disadvantage
Assess whether those changes are reasonable
If not reasonable – consider alternative changes
How to Identify the Disadvantage
To understand the disadvantage arising from disability, it is usually necessary to have some assessment of the individual’s difficulties.
In some situations the disadvantage may be relatively obvious. In others, particularly in relation to neurodevelopmental conditions, mental health conditions or chronic illnesses, the interaction between the disability and the environment or systems involved may be less clear.
In these circumstances it may be necessary to obtain advice or specialist information.
Considering Ways of Avoiding the Disadvantage
Once the disadvantage has been understood, the next step is to consider what would need to change.
Possible changes might include changes to the physical environment, systems or procedures, communication, organisation of work, expectations, or support.
Assessing Reasonableness
Once possible changes have been identified, the next step is to consider whether it would be reasonable for the organisation to implement those changes.
This is an objective assessment made in relation to the organisation as a whole.
Where an adjustment is straightforward to implement, low cost, and effective in reducing disadvantage, a refusal will normally require clear and specific justification.
Considering Alternative Ways of Avoiding the Disadvantage
If a particular adjustment is considered unreasonable, this does not end the process. The organisation must consider whether the same outcome could be achieved through different changes.
Summary of the Adjustment Process
The duty to make reasonable adjustments can be understood as a structured process designed to avoid disadvantage.
In practice, organisations should:
Recognise disability
Identify disadvantage
Consider possible changes
Identify effective changes
Assess reasonableness
Consider alternatives
Related pages
➤ Operational framework (5-stage model)
➤ When adjustments are refused
➤ Defending adjustment requests
