Reasonable adjustments – When do they become unreasonable?

In the UK today the number of employees either leaving the workplace due to ill health or working with an ongoing medical condition are at near record highs. With such a high prevalence of ill health many line managers gained experience of considering and implementing reasonable adjustments that might enable team members to remain in work.  

But discussions on reasonable adjustments can lead to a difference of opinion between an employee’s expectation and the manager’s view of what is feasible and manageable.

Currently the most requested reasonable adjustment is to be able to work from home even where this is impractical. Managers must consider requests for reasonable adjustments based on the facts and specifics of the employee’s health situation. An employer is not legally required to grant an adjustment because it has been requested, but they should record the reasons it is rejected.

Other recent examples of reasonable adjustment requests have included never having to attend meetings, never taking a phone call and asking for the agenda before all meetings.

So how can managers determine what is reasonable and what is not reasonable when it comes to adjustments. The key considerations are:

• Make an objective assessment. Look at the request from both sides and consider what might work as well as what might not work.

• Consider the medical information available.

• Consider the reasonable adjustments identified by any medical specialist and/or occupational health and not just what the employee thinks is reasonable.

• Consider each request on a case by case basis.

• Consider the requirements of the role and the wider business.

• Consider the impact of accepting the request on colleagues and operations.

• Consider if a trial period of the adjustment might be feasible.

Tribunals are usually more understanding towards employers that show the adjustment would have significantly impacted operations or increased the workload of colleagues.

What are the tests of reasonableness that tribunals look at?

Tribunals will assess whether an adjustment was reasonable by considering the following factors:

• The extent to which the adjustment would have helped remove the disadvantage the employee was experiencing.

• How practicable the adjustment was.

• The cost of the adjustment.

• If the adjustment would have impacted the employer’s operation / activities.

• The size of the organisation.

• The nature of the organisation’s activities.

• The resources available to the organisation (especially financial resources).

• Whether other external assistance was available.

Record keeping and communication with employee

When you decide what is reasonable or what can be trialled ensure you document this in a plan that can be regularly reviewed and updated with the employee. These are called Personal Adjustment Plans (PAPs) and are a shared record or what has been agreed so all parties are clear.

Hold regular welfare discussions with the employee to review their plan and amend it to meet the health needs of the employee and the operational needs of the organisation.

Trial periods are a useful way to assess whether an adjustment is reasonable or feasible as they enable both manager and employee to check if the adjustments do enable the employee to carry out their role. 

Remember to clearly communicate to the employee that a trial means the adjustment is temporary whilst the effectiveness is assessed.

If you decline a request for a reasonable adjustment, ensure you tell the employee the reasons why and retain a record which can be referred back should there be a challenge at a later time.