Reasonable does not mean identical treatment

“But if we let them do that, everyone else will want it.” It is a concern from clients we regularly hear when discussing reasonable adjustments. One employee asks for different hours. Another needs more frequent breaks. Someone asks to work from home, use a chair where colleagues normally stand, or have instructions provided differently.

The immediate concern can be how other employees will react. But when disability is involved, treating everyone the same is not necessarily fair and it is not always what the law requires. Requiring employees to work under exactly the same conditions might look like equal treatment.

It could place the disabled employee at a substantial disadvantage. For example, two employees on an eight-hour shift, and one can stand comfortably and the other is in chronic pain after 20 mins due to a health condition. Allowing that employee to use a chair or stool doesn’t necessarily give them preferential treatment. It may simply remove some of the disadvantage created by their disability.

That is the purpose of a reasonable adjustment. Other employees do not automatically become entitled to the same arrangement simply because a reasonable adjustment has been agreed for a disabled colleague. The question should always be is this employee experiencing a disadvantage because of their disability, and is there a reasonable change we could make to reduce or remove it?

What is reasonable will depend on the circumstances, including the employee’s needs, the role, how effective the proposed adjustment would be, its practicality and the resources available to the employer.

Sometimes the adjustment requested won’t be workable, but there may be another way of achieving the same objective.

The important thing is to properly consider it rather than dismissing the request simply because other employees are treated differently.

Depending on the employee, their disability and the job, an adjustment could include:

• changing working hours, shift patterns or the timing of breaks;
• allowing someone to sit rather than stand for prolonged periods;
• providing specialist equipment or an adapted workstation;
• reducing sensory triggers such as noise or lighting;
• making physical changes to the workplace.

Something as simple as providing written instructions rather than relying on verbal instructions could make a significant difference to one employee without fundamentally changing how the business operates.

Managers should still have a clear process for considering requests, understand why an adjustment is being requested and record what has been agreed. A reasonable adjustment isn’t a favour, perk or special treatment. It is about removing or reducing a disadvantage that a disabled employee would otherwise experience at work.

If you have any concerns about this subject contact us at enquiries@121hrsolutions.co.uk and we can discuss.