Advo HR Consultant, Matthew McSweeney takes a closer look at organisation’s responsibilities under Equality Act on interpreting the legal duty to make reasonable adjustments for people with disability.

For many people with disabilities, the workplace can already present barriers. When an employer fails to make a simple change that could help someone perform their job effectively, the impact can be devastating – personally, professionally, and legally.

Employers have a legal duty under the Equality Act 2010 to make reasonable adjustments for disabled employees and job applicants. These adjustments can remove or reduce the disadvantages faced by disabled individuals compared with non-disabled colleagues. Adjustments might involve changing hours, providing specialist equipment, or adapting recruitment and assessment methods. What counts as “reasonable” depends on the circumstances, including the effectiveness, cost, and practicality of the change, as well as the resources available to the employer.

However, failure to act is not a minor oversight. It is a form of disability discrimination that carries serious consequences.

Before issues arise, it is worth reflecting on your approach as an employer.

• Have you created a culture where employees feel comfortable discussing their needs?
• Do your recruitment processes allow all applicants to participate fully?
• Are managers trained to identify when reasonable adjustments may be required?
• Have you reviewed whether your current policies and practices genuinely support inclusion?

If the answer to any of these questions is uncertain, it may be time to take a closer look at how your organisation supports employees with disabilities.

The risks of getting wrong are high. Employment Tribunals can award unlimited compensation where reasonable adjustments have not been made. Awards for injury to feelings range from around £1,200 to over £60,000, depending on the severity of the discrimination. Where an employee also suffers financial loss, the total award can be significantly higher.

Beyond financial penalties, employers risk damage to reputation, internal trust, and external credibility. Tribunal judgments are public, and a single case can undermine years of positive employer branding.

There are some recent Employment Tribunal cases which highlight the risks.

In AECOM Ltd v Mallon, a job applicant with dyspraxia asked to complete an online application by phone. The employer refused, insisting on the online process. The Tribunal found this to be a failure to make reasonable adjustments because the employer had been told about the disability and failed to consider an alternative method.

In another case, Green King Retail Services Ltd, a chef with Dyslexia explained during his interview that he could not read or write. When difficulties arose reading kitchen orders, he suggested using a Bluetooth headset to have them read aloud. The employer did not act, and his employment ended. The Tribunal ruled that the lack of adjustment led directly to his dismissal. The employee was awarded £13,735.89 for injury to feelings and £10,269.74 for financial losses. The judgment noted that he felt worthless, humiliated, suicidal, and anxious as a result of his treatment.

These cases highlight that reasonable adjustments are not just a legal requirement but a reflection of good leadership. Employers who engage openly, listen to individual needs, and take a proactive approach build stronger, fairer workplaces and avoid costly mistakes.

At Advo, we support employers in making informed, practical decisions that meet legal obligations and create truly inclusive environments. Our expert HR guidance helps you interpret the Equality Act 2010, manage risk, and protect both your people and your organisation.