Disabilities and reasonable adjustments

The Equality Act 2010 defines someone as disabled if the following applies:

• they have a 'physical or mental impairment' and;
• the impairment 'has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities'

Some conditions are protected from the point of diagnosis (a person would be entitled to the same level of support and protection under the Equality Act), including cancer, HIV or multiple sclerosis (MS).

Progressive health conditions, which are conditions that have effects which increase in severity over time, are protected as soon as they start to have an effect on day-to-day activities where this is likely to be long term. Types of progressive conditions to which the provisions apply include various types of dementia and motor neurone disease.

Where an impairment consists of having a severe disfigurement, it is to be treated as having a substantial adverse effect on the individual’s ability to carry out normal day-to-day activities. There is no requirement for an individual to demonstrate an effect. Examples of disfigurements include limb or postural deformation or diseases of the skin.

Forms of Neurodivergence, including ADHD, Autism, Dyslexia and Dyspraxia, will often amount to a disability under the Equality Act, even if the individual does not consider themselves to be disabled. Neurodiversity describes the natural differences in how people’s brains behave and process information. Neurodiversity refers to the fact that we all think, learn and act differently, as well as having different strengths and things we find challenging. Further support and understanding surrounding forms of Neurodivergence can be found on our Neurodiversity Colleague Wellbeing web pages.

Some mental health conditions or illnesses which have a long-term effect will also be covered by the Equality Act. Mental health includes emotional, psychological and social wellbeing. It affects how someone thinks, feels and behaves.  Mental health problems can happen suddenly, because of a specific event in someone's life, build up gradually over time, be hard to spot because everyone has different signs and signals, be hidden because many people find it difficult to talk about their mental health, and will fluctuate over time, which means that an individual’s ability to cope with the demands of the job might change.

Not all mental health issues will meet the legal definition according to the Equality Act, however, managers should still offer support and explore whether simple changes to working arrangements or responsibilities could be enough to help an employee’s health and wellbeing, as well as a preventative measure. The University offers a range of well-being support, available to all employees. Further details can be found via our Occupational Health mental health or Colleague Wellbeing web pages. There is specialist support available through the Access to Work Mental Health Support Service programme.

Further guidance on matters to be taken into account in determining questions relating to the definition of disability can be found via Equality Act 2010: Guidance relating to the definition of disability.

The University has a duty under the Equality Act 2010 to provide reasonable adjustments to disabled employees to ensure they are not disadvantaged within the workplace compared to non-disabled employees.

A reasonable adjustment (also known as a workplace adjustment) is any change to the way someone does their job to remove the barrier/s that someone is experiencing in the workplace due to a disability, therefore enabling them to do their job in the way that best suits them.

'Reasonable' is difficult to define as it is dependent on the unique circumstances of every case. However, a reasonable adjustment aims to reduce or remove barriers so that someone with a disability can thrive in their work. This might include changes to the role, working arrangements, work environment, or the way the work is carried out. This is to ensure disabled employees are not disadvantaged compared to non-disabled employees. Reasonable adjustments may be such that the quantity of work, but not quality, can be altered.

When exploring potential reasonable adjustments the focus should not be on medical diagnosis, instead on the issues someone is experiencing and how to resolve them. An individual is often best placed to know their own condition and what support they need or how to remove a particular barrier, therefore they should be fully involved in any discussions about adjustments. Employees and managers can refer to examples of reasonable adjustments within the University for further guidance on what may help reduce/remove barriers, however, this list is not exhaustive.

Occupational Health can provide guidance and advice to managers and employees via a management referral, particularly if a condition is new or fluctuating. As part of a referral, Occupational Health will provide their opinion on application of the Equality Act and recommendations for reasonable adjustments that may support an employee in their role and to help manage their health. Employee consent must be provided before a manager initiates a referral to Occupational Health.

Reasonable adjustments may be agreed on a temporary or permanent basis. In either case, a record of agreed adjustments should be made and regularly reviewed by the employee and their manager. This will allow for conversations at regular agreed intervals to review the effectiveness of any adjustments in place and for any changes to be made where identified. Occupational Health can advise around the recommended duration of any reasonable adjustments, and it is advised to agree review dates at the time of implementing them.

Not all adjustments may be reasonable to make. If the Faculty/Service deem it is not reasonable to implement a request from an employee or a recommendation by Occupational Health, the employee should be provided with a clear explanation of why it is not reasonable (for example, cost, significant impact on carrying out the essential requirements of the role). In these cases, consideration should be given to whether there could be an alternative adjustment that may help or explore whether other sources of funding may be available (where cost is a factor). 

The University recognises that disabled employees may be impacted more by the Sickness Absence Procedure compared to non-disabled employees. To reduce this impact, reasonable adjustments will be considered during the informal and formal stages of the Sickness Absence Procedure.

Appropriate adjustments to the procedure may include:

• allowing additional or alternative support to meetings under this procedure, for example allowing a friend or family member to attend as well as a work colleague or trade union representative (this does not include legal representatives);
• allowing a longer time for the meeting or rest breaks during the meeting;
• changing the location of the meeting;
• providing an agenda or a copy of the questions to the employee in advance of the meeting;
• adjusting the review points under the procedure where there have been instances of sickness absence related to an employee’s disability;
• adjusting any set targets for attendance, in cases where there are likely to be instances of sickness absence related to an employee’s disability.

Support is available from the HR Advisor team for both managers and employees with considering and implementing reasonable adjustments. The HR Advisor aligned to the Faculty/Service will be involved with the Occupational Health process in all cases to support both the employee and their manager.

External support may be available to help with the costs and supply of reasonable adjustments. Access to Work provides funding towards reasonable adjustments and support for employees to help reduce or remove barriers faced within the workplace. It covers items such as additional training, travel costs and services, support or equipment.

Employees and managers may find the following University resources useful for further information and support:

Colleague Wellbeing

EDI - disabled staff support

Occupational Health - mental and physical disability support