In today’s increasingly equitable, diverse and inclusive workplaces, the importance of supporting employees with disabilities or long-term health conditions cannot be overstated.
One key legal obligation for UK employers under the Equality Act 2010 is the duty to make reasonable adjustments. But how long does an employer actually have to make these adjustments? This question often leads to confusion, particularly for small businesses and HR teams unfamiliar with the legal framework.
In this comprehensive guide, we’ll explore the meaning of reasonable adjustments, the legal timeframe involved, examples of common adjustments, and best practices for employers to stay compliant and fair. Whether you’re an HR professional, a business owner, or an employee seeking clarity, this post will help you navigate your rights and responsibilities.
First Things First—What Counts as a ‘Reasonable Adjustment’?
Under the Equality Act 2010, employers in the UK are legally required to make reasonable adjustments for employees and job applicants who have a disability. The aim is to remove or reduce disadvantages they may face in the workplace because of their condition.
Reasonable adjustments can include:
- Making changes to the recruitment process
- Modifying working hours or job duties
- Providing specialist equipment or assistive technology
- Allowing remote working or flexible schedules
- Adjusting policies or procedures
These changes are not meant to give an unfair advantage but to level the playing field and enable employees to perform their roles effectively.
When Does the Legal Duty Kick In?
An employer’s duty to make reasonable adjustments is triggered when:
- They know (or could reasonably be expected to know) that an employee or applicant has a disability.
- That person is placed at a substantial disadvantage due to a provision, criterion, practice (PCP), physical feature of the workplace, or lack of auxiliary aid.
This means the employer doesn’t have to wait for a formal diagnosis. If there are clear indications that an employee is struggling due to a health condition, the employer is expected to investigate further and, if applicable, act promptly.
So, How Quickly Do Employers Need to Act?
There is no fixed legal timeframe under the Equality Act that stipulates exactly how many days or weeks an employer has to implement reasonable adjustments. However, the law requires that adjustments be made within a reasonable time after the duty arises.
“Reasonable time” depends on several factors like:
Simple Changes vs. Complex Fixes
Simple adjustments, such as relocating a desk, changing a shift pattern, or approving flexible hours, should typically be made within days or weeks. More complex adjustments that require purchasing equipment or modifying buildings may understandably take longer, but progress should still be visible.
When Urgency Makes All the Difference
If the employee is unable to work or is experiencing significant distress, the employer must treat the situation with urgency. Delays in such scenarios could not only breach legal obligations but also lead to health deterioration and legal claims.
How Company Size & Resources Affect Timelines
The size and resources of the employer matter. A multinational company would be expected to act faster and allocate more resources than a small start-up.
Communication: The Key to Staying Reasonable
While implementing adjustments, employers should communicate openly with the affected individual. Keeping them informed about timelines, challenges, and progress helps demonstrate that the employer is acting reasonably.
What Happens If Adjustments Take Too Long?
Delays in making reasonable adjustments can have serious consequences:
Legal Action: Employees can take their employer to an Employment Tribunal for failing to meet their legal obligations. Compensation can include injury to feelings and financial loss.
Workplace Tension: Morale and trust within teams can suffer if colleagues see someone struggling without support.
Reputational Damage: Organisations that fail to uphold inclusive practices risk damaging their brand image and losing out on diverse talent.
Real-World Timing Examples (The Good and the Bad)
To better understand the concept of timing in reasonable adjustments, consider these examples:
Example 1: Prompt Adjustment
A call centre employee develops repetitive strain injury (RSI) and informs their manager. The employer consults occupational health within a week and provides an ergonomic chair and voice recognition software within two weeks. This is a textbook example of acting promptly and proportionately.
Example 2: Unreasonable Delay
An employee with diagnosed anxiety requests a quieter workspace. The employer acknowledges the request but takes no action for over three months. During this time, the employee’s condition worsens. In this case, the employer may be seen as having failed in their legal duty due to unnecessary delay.
Best Practices for Employers Who Want to Get It Right
To ensure reasonable adjustments are implemented in a timely and effective manner, employers should:
-
Have a Clear Policy in Place
Develop internal policies that outline how requests for reasonable adjustments should be handled. Ensure all managers are trained in recognising signs of disability and understand their legal duties.
-
Start the Process Without Delay
As soon as you’re made aware of a potential need for adjustment, begin the process. Gather relevant medical or occupational health input quickly and document your actions.
-
Talk to Your Employee, Not at Them
Have open and regular conversations with the employee. Ask what adjustments they think would help and involve them in the planning process.
-
Keep Records of Everything
Maintain written records of all requests, discussions, decisions, and implementation timelines. This documentation is vital if any disputes arise.
-
Review & Refine Adjustments Over Time
Once adjustments are made, continue to check in with the employee. Ensure the changes are working and be open to further modifications if needed.
Remember—Reasonableness Goes Both Ways
While the employer holds the legal duty, employees also have a role to play. They should fairly:
- Communicate their needs clearly and promptly.
- Cooperate in the adjustment process (e.g. attend medical assessments).
- Be flexible and understanding if certain changes take time due to logistical or financial challenges.
Remember, the success of reasonable adjustments depends on collaborative effort and mutual respect.
Key Takeaways to Keep You Compliant and Fair
Employers in the UK must make reasonable adjustments under the Equality Act 2010 once they know, or should know, that a person with a disability is at a disadvantage.
- There is no exact legal deadline, but adjustments should be made within a reasonable time, based on the urgency, complexity, and available resources.
- Delays can lead to legal claims, reputational harm, and damage to employee wellbeing.
- Open communication, prompt action, and clear processes are essential for compliance and inclusivity.
Final Thoughts: Timely Adjustments Show Real Inclusion
Timeliness in making reasonable adjustments isn’t just a legal necessity—it’s a reflection of an organisation’s values and commitment to equity and inclusion. A workplace that actively supports its people creates a culture where everyone can thrive, contribute, and feel valued. This practice sets a healthy example of your organizations’ values and culture among your present and prospective employees, thus improving their morale and motivation.
If you’re an employer, HR manager, or team leader, don’t wait until issues arise. Proactively review your workplace practices and be ready to respond promptly and reasonably to support your diverse workforce.
Need Help Navigating Reasonable Adjustments?
At ClearPath, we help UK employers implement inclusive practices and stay legally compliant. Whether you need help with policies, training, or complex cases, our experts are here to guide you every step of the way.
Contact us today for a free consultation and take the first step towards a more inclusive workplace.
