The Great Big Workplace Adjustments Survey 2023

The key findings were as follows:

• 78% said they had to initiate the process of getting adjustments themselves rather than the employer doing this for them.
• 58% said getting the needed adjustments was due to how assertive and confident they are to ask for that support.
• 56% said there are still disability-related barriers in the workplace after adjustments have been made.
• Only 37% feel their employer is genuine about removing all disability-related barriers and making the workplace inclusive for disabled employees.
• Only 18% of disabled employees said their adjustments had removed all barriers in the workplace.
• Only 10% said it was easy to get the adjustments they needed.
• 1 in 8 disabled employees reported in this year's survey that they are waiting over a year to get the adjustments they need.

The responses demonstrate that employees with disabilities and long-term health issues wait an unacceptably long time for reasonable adjustments.

The vast majority reported having had to instigate the process themselves or even fund the adjustments out of their own pocket.

The survey's remit was not limited to adjustments but also touched on other disability-related barriers at work.

These included bullying and harassment, limited career progression and development opportunities, and the inaccessibility of well-being programs.

An employer's legal duty to make reasonable adjustments is owed to both employees and job applicants who have a disability within the meaning of the Equality Act 2010 (and, in this context, "employees" carries a definition wide enough to include employees, workers and some self-employed individuals).

An individual's condition will meet the definition of a disability if they can show they have "a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities").

What will be a "reasonable" adjustment will vary depending on the circumstances, as the term is not statutorily defined.

However, the following factors should be weighed up by the employer:

• The cost involved in making any adjustment;
• The nature and size of the employer's business;
• The extent of the financial and other resources available to the employer;
• The availability of external financial or other assistance;
• The practicalities of making the adjustment; and
• The potential effectiveness of any adjustments in removing or reducing the disadvantage suffered by the disabled worker or applicant compared to a non-disabled person.

It will often be appropriate to seek the advice of an occupational health specialist at an early stage, so that the employer can gather more information about employee’s health, what might be impeding them at work, and what adjustments could be implemented.

In most cases where there has been a failure to make reasonable adjustments, the individual is likely to first make an informal complaint or raise a formal grievance, which might offer the employer an opportunity to amicably resolve the issues.

In other cases, the matter may escalate to a discrimination claim in the employment tribunal.

Damages for discrimination claims are uncapped, and so the cost consequences can be severe.

Furthermore, discrimination claims can be reputationally damaging for an organisation.

We have put together some tips for employers to consider when dealing with disabled employees and when faced with a need to make reasonable adjustments.