Category: Sickness absence and disability · Reviewed by Mark Fox, Broker · Renewals · Last reviewed 2026-06-10
The duty to make reasonable adjustments under sections 20–22 of the Equality Act 2010 requires employers, service providers and certain other duty-bearers to take such steps as are reasonable to remove a substantial disadvantage suffered by a disabled person. The duty is triggered when a provision, criterion or practice (PCP), a physical feature of the premises, or the absence of an auxiliary aid puts the disabled person at a substantial disadvantage compared with non-disabled people.
Category: Sickness absence and disability Also known as: EqA reasonable adjustments Statutory basis: Equality Act 2010, ss.20–22 Related concepts: Equality Act 2010 disability provisions, Disabled employee provisions, RTW return to work programme
The duty is anticipatory in service-provider contexts but reactive in employment — the employer’s duty arises when the employer knows or ought reasonably to know that the employee has a disability. The duty is not absolute: it requires only adjustments that are reasonable having regard to factors such as effectiveness, practicability and cost.
Equality Act 2010 sections 20 (the duty), 21 (failure to comply), 22 (regulations). The Code of Practice on Employment (EHRC) provides interpretive guidance. Case law has clarified the scope of “PCP” (Environment Agency v Rowan [2008] IRLR 20), “substantial disadvantage” (Romec Ltd v Rudham UKEAT/0069/07) and the limits of the duty (Foster v Cardiff University UKEAT/0152/13). The CJEU/UK Supreme Court has also addressed the application to long-term ill-health.
Common reasonable adjustments include: phased return to work; modified hours and patterns; modified duties; equipment provision; workstation ergonomics; allocation of some duties to another worker; lower performance expectations during a recovery period; redeployment to a vacant role. The Access to Work scheme operated by DWP can fund eligible adjustments.
An employee returning from long-term mental health absence requests a quiet workspace, ear defenders, a phased return over 12 weeks and removal of pressured client-facing duties for the first three months. The employer accepts the OH recommendations supporting these adjustments. Failure to make any of these would risk a claim of disability discrimination by failure to make reasonable adjustments under s.21 EqA 2010.
This entry is part of the Apex Insurance Wiki. Last reviewed by Matt Bartlett on 2026-06-10. Next review: 2026-12-10.
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