Reasonable adjustments and the Equality Act 2010 The cornerstone of disability equality law is the duty to make reasonable adjustments, to remove the barriers that disabled people face that prevent them from participating on an equal basis to non-disabled people. Expand There are two different models of disability: The legal definition of disability fits into the medical model, looking at a person’s impairment and its impact on their ability to carry out every day activities. The medical model states that it is a person’s impairment that causes the disability, and medical approaches to disability look to ‘fix’ or ‘cure’ the disabled person. The social model of disability views an impairment as the failure of society’s structure to accommodate for a disabled person’s needs. The duty to make reasonable adjustments arises from the social model, as it is the responsibility of the employer to take steps to avoid creating barriers for disabled people For example, a wheelchair user might be unable to access a training course hosted in a venue with steps and no ramp. An autistic employee may be unable to fully access training if provided in a venue with overwhelming sensory input (e.g. echoing acoustics, very bright light, strong smells etc.). In both of these examples, an employer might make reasonable adjustments by changing the location of the training to a more accessible environment—a venue with ramp access, or a venue with softer lighting and acoustics. The distinction between the medical model and social model of disability is particularly useful for understanding autism as a disability. Many of the traits we consider to be ‘impairments’ caused by autism can be effectively minimised or avoided with relatively small changes to environments and workplace procedures. Keeping inclusion and accessibility in mind when planning new workplaces can help reduce the number of reasonable adjustments needed for individual disabled people. This approach is known as Universal Design. The duty to make reasonable adjustments recognises that treating disabled people the same as non-disabled people will sometimes disadvantage disabled people. The Equality Act places a proactive legal duty on employers to do whatever is reasonable to avoid disadvantaging a disabled person in that way. This legal duty arises if a disabled person would be disadvantaged by: The way things are usually done (legally – a practice, criterion or provision operated by or for an employer) The physical environment at work (legally – physical features) The lack of something that would help (legally – auxiliary aids, which can include software, assistance dogs and support workers) It is unlawful discrimination to fail to take a reasonable step to avoid disadvantaging autistic employees or (potential) job applicants in one of those three ways. What is “reasonable” will depend on the circumstances of each case: How effective the measure is in avoiding disadvantage How practical the measure is How much the measure would cost Considering the size and resources of the employer Considering any other financial help available Sometimes it can take a number of steps working together to remove a disadvantage Reasonable Adjustments and Universal Design The 3 ways the reasonable adjustments duty applies are intended to cover the main areas where socially disabling barriers are experienced which can be summarised as HOW, WHERE & WHAT. HOW we do things WHERE we do them WHAT we use The social model of disability says that the HOW WHERE WHAT decisions we make can create or remove barriers to access and equal participation by disabled people. If the way employment is designed didn’t consider disability when the HOW WHERE WHAT decisions are made and remade, then there will be a greater need for reasonable adjustments in the future. The principle of Universal Design says that we should try to build things for maximum accessibility so that the fewest number of reasonable adjustments for individuals would be needed Universal Design in employment is creating a workplace that is inherently as accessible as possible to disabled people, meaning fewer reasonable adjustments are needed. Disabled people make up almost 20% of the population, Universal Design in employment is a key business efficiency. Adopting a Universal Design approach to employment practice will reduce the need to make basic reasonable adjustments for individual disabled employees. It is necessary to learn about each disabled person as an individual to ensure that every individual is able to work to their full potential and avoid discrimination
When an employee or applicant tells you they are autistic Employers have a duty to make reasonable adjustments for their autistic or disabled employees and job candidates. But this duty may also apply, even if they have not been told about a disability. Expand Employers are not required to make reasonable adjustments or avoid discrimination arising from disability when they do not and could not know that a person is disabled. An employer’s knowledge of disability does not need to be knowledge that a person meets the Equality Act definition of a disabled person, but rather when the employer knows of the facts of the disability, so being aware that an employee is struggling in the workplace may be enough to put the employer ‘on notice’ that they should make further enquiries about disability and reasonable adjustments. Some autistic people may have known they autistic from childhood, others may have discovered they were autistic as an adult and so may also be learning about their own autism and what they need to avoid being disadvantaged. Each autistic person will have their own individual profile of areas where they may experience disadvantage and they may have strengths because of their autism. Employers should treat each autistic person as an individual and not make assumptions about strengths and needs Adopting a Universal Design approach to employment practice will reduce the need to make basic reasonable adjustments for individual disabled employees, but it will always be necessary to learn more about each disabled person as an individual to ensure that every individual is able to work to their full potential and avoid discrimination. It is important to respect each individual autistic person’s wishes about confidentiality, some people may not want their autism to be known widely in the organisation and others may be very open about it, employers should actively check what a person’s wishes are about disclosure. It is also important to recognise that even if an individual wishes for their autism to remain confidential, if they have disclosed they are autistic on any employer form or paperwork or to someone in their capacity as a manager, then the employer’s organisation will likely be taken to know about disability and therefore have a duty to make reasonable adjustments and avoid discrimination arising from disability.
Employers’ responsibilities during recruitment Employers have a duty to make reasonable adjustments for specific job applicants when they know they are disabled, but attracting a diverse talent pool and building an inclusive workplace starts long before you even advertise a job. Expand For more details, see our information on recruiting and managing autistic employees. A new vacancy is a great opportunity to think creatively about whether you are getting the best from your existing staff and make any changes that weren’t practical to make beforehand. However, all staff may benefit from flexibility and an open approach and it can help build staff morale. A new vacancy may make an adjustment for an existing disabled employee practical and reasonable, where previously it may have been impractical, and therefore not reasonable. “If you've been thinking about being more inclusive to neurodiverse people, now is the time. Like everyone else, we have specific needs and we may have challenges – but those are far, far outweighed by the enormous benefits.” Rachel Morgan-Trimmer - Article on Neurodiversity Defining a new vacancy gives an opportunity to think about inclusion, while also being subject to the legal duty to make reasonable adjustments. Being clear on the skills and experience you are looking for and why, will help your whole recruitment process run more smoothly with less chance of dispute and disagreement. Don’t include criteria that aren’t relevant to doing the job. For example requiring a driving licence, or a degree for a job where alternative travel arrangements might be possible or specialist knowledge aren’t essential, can lead to unintended discrimination or not attracting the candidate who might be perfect for your organisation. The application process must be accessible to disabled people, whether at the onset or after making reasonable adjustments to the process to avoid disadvantaging disabled applicants. Some employers include a box on the application form or instruction in the job advertisement asking disabled applicants to explain if they need any reasonable adjustments to the application process. This question can be useful for some, but unless they are provided with the full details of every stage in the selection and recruitment process it won’t always be possible for disabled people to know what adjustments might need to be made to processes they don’t know about. Therefore, just because an applicant does not specify a need for a reasonable adjustment, that does not mean there will not be a duty to make adjustments. The assessment process, choosing from shortlisted candidates typically this involves a face to face interview. An interview might be an essential assessment tool for a public facing role or within in a rapidly changing environment. But it might also be an unnecessary barrier to finding the best person for a job where high pressure face to face communication isn’t a major part of the job. Within our recruitment and employment guidance, there are examples of some alternatives to a traditional, formal interview which might be helpful in certain situations. These examples will assist in making reasonable adjustments during the assessment process such that an employer can avoid disability discrimination. Individual adjustments for autistic applicants may still be required and you should provide a simple, accessible way for all disabled applicants or potential applicants to discuss adjustments and requirements in a process that is fully separate from the selection process. Be aware that some individuals may not know exactly what adjustments are required to avoid them being disadvantaged, particularly if they have a recently acquired disability or diagnosis.
Reasonable adjustments for employees The need for reasonable adjustments for disabled people doesn’t stop at recruitment. The legal duty applies to every aspect of the employment relationship. Expand Proactive consideration of reasonable adjustments and universal design will help your disabled employees feel more included, improving their productivity and morale. A lot of the specific reasonable adjustments autistic people may need are universal good practice Getting it right for autistic staff can mean improving standards for everyone. However, there is a legal duty to make changes for disabled staff. Where wider good practice may be good business sense, it is not a legal requirement. See our detailed guidance on supporting and making adjustments for job applicants and employees.