Jessica Jarvis

“Disability does not have to be a social barrier. Good etiquette stats with inclusion, not exclusion.”

Robert M.Hensel

Two in five disabled employees are not receiving the reasonable adjustments they need from their employer, a poll has found.

The survey of 400 workers, conducted by Pearn Kandola, found that 27 per cent of individuals who had disclosed their disability to their employer said they were not receiving the adjustments they needed.

Similarly, a report from Global Disability Innovation Hub and Snowdon Trust exploring disabled student experiences found that of the students surveyed, 87% felt their disability created greater financial challenges than their non-disabled peers and 41% reported they needed additional support to navigate the funding application process. 

85% reported greater financial stress during the COVID-19 pandemic and 68% believed there will be inclusivity challenges entering the workplace. 46% scored freshers week 3 or less out of 10 for accessibility. Office for National Statistics (ONS) data shows the proportion of disabled people who have a degree is almost half of the proportion of non-disabled people, a situation that has not improved over the last 9 years. The HEC writes: “Disabled students often interrupt their studies because of the financial burden, a lack of support, and struggling to fully access their teaching and learning”.

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Reasonable Adjustments At Work

Reasonable adjustments are changes an employer makes to remove or reduce a disadvantage related to someone’s disability. For example:

• making changes to the workplace
• changing someone’s working arrangements
• finding a different way to do something
• providing equipment, services or support

Reasonable adjustments are specific to an individual person. They can cover any area of work.

It’s not enough for employers to provide disabled people with exactly the same working conditions as non-disabled people. Employers must make reasonable adjustments by law.

Some disabled people might not need or want adjustments, although this might change over time.

When An Employer Must Make Reasonable Adjustments

The law (Equality Act 2010) says that employers must make reasonable adjustments for:

• employees and workers
• contractors and self-employed people hired to personally do the work
• job applicants

Employers must make reasonable adjustments when:

• they know, or could reasonably be expected to know, someone is disabled
• a disabled staff member or job applicant asks for adjustments
• someone who’s disabled is having difficulty with any part of their job
• someone’s absence record, sickness record or delay in returning to work is because of, or linked to, their disability

The employer must also:

• make reasonable adjustments for anything linked to someone’s disability – for example an organisation might not allow dogs at work but make a reasonable adjustment for someone with an assistance dog
• make sure other people do what’s needed for a reasonable adjustment to work – for example if someone needs information presented in a certain format, making sure other people at work do that

An employer could be liable under the law if they do not do these things. For example, if someone does not get the reasonable adjustments they need at work they could make a disability discrimination claim to an employment tribunal.

What Reasonable Means

What is reasonable depends on each situation. The employer must consider carefully if the adjustment:

• will remove or reduce the disadvantage – the employer should talk with the person and not make assumptions
• is practical to make
• is affordable
• could harm the health and safety of others

The employer does not have to change the basic nature of the job. For example, if someone in a call centre asks for a job that does not involve taking calls, this might not be reasonable if there is no other job to give them.

An employer does not have to make adjustments that are unreasonable. However, they should still find other ways to support the disabled person. This could include making other adjustments that are reasonable.

Higher Education Institutions & Reasonable Adjustments

Colleges and universities have a legal duty to try to remove the barriers you face in education because of disability. This is called ‘making reasonable adjustments’. These adjustments help make sure you get the same access to education as anyone else. 

Apprenticeships and traineeships must also make reasonable adjustments for you.

Anyone can ask for adjustments if they need them. But to have legal rights to reasonable adjustments, you will need to be defined as ‘disabled’ under the Equality Act 2010. This usually means how your condition affects you, not what your condition is.

Types of reasonable adjustments

Adjustments you might get could be things like:

• getting notes and lectures in advance
• alternative formats of lectures or course material
• speech to text for video conferencing
• equipment or aids, such as BSL interpreters, scribes or specialist computer equipment
• one-to-one support
• accessible rooms and venues, such as having quiet spaces
• accessible student accommodation or specific housing arrangements

What is reasonable

There is no set definition of what is ‘reasonable’ in the Equality Act. It depends on:

• what you need and the difference it will make
• cost 
• practicality and effectiveness
• disruption and health and safety

For example, it might be reasonable to…

• give a student software that helps them type or dictate lectures and coursework

It might not be reasonable to…

• change exam criteria that might advantage you or disadvantage other students
• make an adjustment that meets your needs but affects other people’s access needs or everyone’s health and safety. For example, some raised floor markings that help people with visual impairments could be a trip hazard for others.

If you cannot agree on reasonable adjustments informally with the college or university, only a court can decide what is ‘reasonable’ under the Equality Act.

Reasonable adjustments and exams

Exams often test what you know. How you are able to do this should be adjustable, such as:

• doing the exam in a smaller room without other students 
• having comfort breaks or snacks
• dictating to a notetaker or using a computer
• how long it takes you
• setting the exam timetable to meet your needs, such as if your condition is better in the morning or afternoon

Making adjustments for exams that test how you do something can be harder. Some adjustments might not be considered reasonable.

For example, if you must show you can work to a strict time limit, getting extra time will not test your ability to do this.

But alternative adjustments might help you do the exam within the time limit instead, like using a computer. If the adjustment gives you an advantage, this would also not be considered reasonable.

For example:

If you miss an exam because of a fluctuating condition, running an extra exam at a later date might give you an advantage that other students do not have, like more time to study.

Talk to your education provider about adjustments that might help you go to scheduled exams, such as having a gap of a couple of days between exams or having morning exams only.

Working with your college or university

If you can, try to work with your college or university to find adjustments that both:

• meet your needs
• would be considered ‘reasonable’

If something is not considered ‘reasonable’, your college or university should try to find alternatives for you.

You could also go to disability charities, local support groups or online communities and forums for help finding alternative adjustments to suggest to your college or university.

Asking for reasonable adjustments

Find out who supports disabled students at your college or university. Ask:

• student support or learning support services, sometimes called student disability services 
• your course leader or your tutor

They should tell you who to contact. The job title can vary:

• disability adviser or officer 
• disability co-ordinator
• learning support adviser (further education)

Disability advisers will help you get the reasonable adjustments you need. They can also advocate (speak for you).

Speaking to your disability adviser

Arrange an informal chat with your disability adviser to talk about:

• the difficulties you’re facing because of disability
• what you want help with and the adjustments you think will help (if you know)
• reasonable adjustments they can offer

If you have not had a needs assessment yet, ask your adviser for one. A needs assessment helps you find out what equipment, support and adjustments you might need. You will then get a report with recommendations.

If you’re at university or doing a higher education course, your adviser may ask you to apply for Disabled Students’ Allowances (DSAs) to get an assessment and pay for the adjustments. If you are already getting DSAs, your adviser can arrange an assessment.

If you do not get your adjustments

Education providers should consider all disabled students’ requests for adjustments.

Your college or university should also explain why they cannot provide an adjustment. If they do not, ask for the reason.

Understanding their decision can help you:

• work with them to find other ways to make the adjustments you need 
• appeal the decision to refuse your request
• work out if it’s discrimination

It may be discrimination if:

• you do not get the recommended adjustments from your needs assessment report
• your education provider does not make the adjustments you agreed with them 

Talk or write to your disability adviser if this happens. Remind them they have a legal duty to make any agreed reasonable adjustments.

If education provider still does not give you what you need, you can complain.

Making a formal complaint at college and university

Help with reasonable adjustments

You might want to talk to:

• your Students’ Union’s welfare officer
• Disability Rights UK student helpline
• Equality Advisory Support Service (EASS) helpline and online chat

You can also get reasonable adjustments information and advice online.