Disability discrimination - reasonable adjustments

Under s.39(5) of the Equality Act 2010, employers are under a duty to make reasonable adjustments. A failure to comply with a duty to make reasonable adjustments amounts to discrimination. Section 20 provides that where a disabled person is put at a substantial disadvantage by a provision, criterion or practice, or by a physical feature of the workplace compared with non-disabled people, employers are under a duty to take reasonable steps to prevent this. A duty to take reasonable steps to provide an auxiliary aid arises where, but for the provision of an auxiliary aid, a disabled person is put at a substantial disadvantage compared with non-disabled people. Under the Employment statutory code of practice, the following are examples of steps it might be reasonable for an employer to make.

Note: This list is not exhaustive.

1Section 18B(2) of the repealed Disability Discrimination Act 1995 (DDA), which applies to discriminatory acts committed wholly before 1 October 2010, gives this as an example of a reasonable adjustment that an employer may need to make to comply with its duty to make reasonable adjustments under s.4A(1) of the DDA.

Making adjustments to premises1 Giving, or arranging for, training or mentoring for the disabled person or any other person1
Allocating some of the disabled person's duties to another person1 Acquiring or modifying equipment1
Transferring the disabled person to fill an existing vacancy1 Modifying instructions or reference manuals1
Altering the disabled person's working or training hours1 Modifying procedures for testing or assessment1
Assigning the disabled person to a different place of work or training1 Providing a reader or interpreter1
Allowing the disabled person to be absent during working or training hours for rehabilitation, assessment or treatment1 Providing supervision or other support1
Allowing the disabled person to take a period of disability leave Participating in supported employment schemes, such as Workstep
Employing a support worker to assist the disabled person Modifying disciplinary or grievance procedures
Adjusting redundancy selection criteria Modifying performance-related pay arrangements

Related quick reference items

Disability discrimination normal day-to-day activities (under the repealed Disability Discrimination Act 1995)
Disability discrimination long-term effect