Every week, I speak to managers who genuinely want to support their employees but freeze when a reasonable adjustment request lands on their desk. They worry about setting precedent. They cite health and safety. They say “our policy doesn’t allow it.” And in doing so, they often break the law without even realising it.
The duty to make reasonable adjustments under the Equality Act 2010 is one of the most misunderstood obligations in employment law. It is not a suggestion. It is not discretionary. It is a positive legal duty, and the burden of justifying a refusal sits squarely with the employer.
The good news? With the right framework, managers can approach these decisions confidently, compassionately, and legally. Here are the five steps I recommend every manager follows.
Ask: Is there a PCP putting this person at a disadvantage?
A PCP, which stands for Provision, Criterion or Practice, is any rule, policy, requirement, or way of doing things that applies in your workplace. Think about shift patterns, dress codes, attendance requirements, performance targets, or where someone is expected to work.
The question at this stage is simple: does this PCP make things harder for this person compared to someone without a disability? You do not need a legal degree to answer it. You need honesty.
Check: Is the disadvantage linked to a disability?
The adjustment duty is triggered when a disability, or something arising from a disability, is the reason the person is disadvantaged by the PCP. Importantly, you do not need a formal diagnosis to proceed. If you have a reasonable belief that someone has a condition that qualifies as a disability under the Act, the duty applies.
A disability under the Equality Act is a physical or mental impairment that has a substantial and long-term adverse effect on normal day-to-day activities. This includes many conditions that may not be immediately obvious: anxiety, ADHD, autism, chronic pain, and fatigue conditions, among others.
Explore: What adjustment would remove or reduce the disadvantage?
This is where managers most commonly go wrong. They jump straight to “can we refuse?” without first genuinely asking “what could we try?” The question is not whether you can justify inaction. It is what action might help.
Think broadly: equipment, technology, working hours, working location, communication formats, additional support, changes to duties, and environmental adjustments. There is rarely just one option. If your first idea is not workable, that does not end the duty. It shifts you to the next alternative.
Balance: Is the adjustment reasonable?
Here is the nuance that most managers miss. The law does not require every adjustment to be made, only those that are reasonable. But reasonable is a higher bar than most employers think, and a lower bar than most employees fear.
When weighing reasonableness, the law considers a number of factors:
Saying “our policy does not allow it” is not sufficient. Policies can be disapplied or modified for individuals. Saying “others would want it too” is not sufficient either. Adjustments are by definition individual.
Document: Record your thinking at every stage
This step is not glamorous. But it may be the most important. If a claim reaches a tribunal, your documentation tells the story of whether you acted in good faith.
Record what the request was, what you considered, what alternatives you explored and why any were ruled out, what occupational health or specialist advice you obtained, and what decision you reached and why.
The five steps above assume a manager already knows a disclosure has been made and a request is on the table. In reality, many organisations fall down well before that point, because they have never defined what the journey from disclosure to decision should actually look like.
Here are the process questions every organisation needs to be able to answer clearly:
How does an employee disclose a disability or health condition?
Is there a clear, safe, and consistent route for an employee to disclose? Do they know who to tell, how it will be handled, and what happens next? Many employees choose not to disclose because they do not trust the process, or because there simply is not one. A formal disclosing disability policy sets out the pathway, the confidentiality principles, and the commitment the organisation makes in response to a disclosure. Without it, managers are left improvising, and that is where things go wrong.
Who has the authority to approve an adjustment, and at what level?
This is one of the most overlooked gaps in organisations of all sizes. A line manager may want to say yes but feel they need sign-off from HR or a senior leader. A senior leader may assume HR is handling it. HR may think it sits with the manager. The result is delay, confusion, and in some cases an informal refusal by default. Your organisation needs a clear framework that sets out: what a manager can approve autonomously, what requires HR involvement, what requires senior sign-off, and what triggers an occupational health referral before any decision is made.
Do you have a Reasonable Adjustment Policy?
A standalone reasonable adjustment policy does more than protect the organisation legally. It signals to employees that adjustments are a normal and expected part of working life, not an exception or a favour. It sets out how requests should be made, how they will be considered, what information may be needed, timescales for decisions, and how outcomes are communicated and reviewed. Without a policy, every request is handled differently, and inconsistency creates both legal risk and a culture where people feel unsupported.
Have your managers actually been trained on all of this?
Knowing the policy exists and knowing how to apply it with confidence are two very different things. Managers need to understand the legal framework, how to have a disclosure conversation sensitively and lawfully, how to explore adjustment options without making assumptions, and when to escalate. Good training does not just reduce tribunal risk. It builds the kind of manager capability that makes people feel genuinely supported at work, which in turn improves retention, engagement, and performance.
We can build the policies and train your team
At Thrive Law, we work with organisations to create bespoke disclosing disability and reasonable adjustment policies that are legally sound, practically usable, and reflect your culture. We also deliver manager training that goes well beyond the basics, giving your people the confidence and the tools to get this right every time.
Whether you need a policy review, a training programme, or just a conversation about where to start, we would love to help. Email enquiries@thrivelaw.co.uk
The duty to adjust is not satisfied by applying existing policies equally to everyone. That is precisely the problem it is designed to solve.
- Citing health and safety without completing an individual risk assessment
- Running a performance management process while an adjustment request is still outstanding
- Refusing a request because “it would not be fair on the rest of the team”
- Treating the employee’s first suggestion as the only option and stopping when it is not workable
- Failing to involve occupational health before reaching a final conclusion
Before you finalise any decision, ask yourself:
- Have I obtained an individual occupational health opinion, rather than relying on a blanket policy?
- Have I documented specifically what risk or operational problem the adjustment creates?
- Have I genuinely explored at least three alternatives?
- Is any “impact on others” a genuine operational disadvantage and not just inconvenience?
- If I am citing health and safety, can I point to a specific, evidenced risk?
- Have I considered whether a policy should be modified for this individual?
- Could I defend this decision clearly in writing to a tribunal?
Getting reasonable adjustments right is not just about avoiding legal risk, though that matters enormously. It is about creating workplaces where people can genuinely do their best work. Done well, the adjustments process is one of the most powerful tools a manager has for retaining talented people who might otherwise feel forced out.
If you are dealing with a complex reasonable adjustment situation, or you want to train your managers to get this right first time, our team at Thrive Law is here to help.
Not sure if a refusal is defensible? Let’s talk it through.
Our employment law team works with businesses across the UK to navigate reasonable adjustments, reduce tribunal risk, and build genuinely inclusive workplaces. Email enquiries@thrivelaw.co.uk
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