Reasonable Adjustments and Disability-Related Leave Explained

Reasonable adjustments are changes an employer must make to remove or reduce barriers faced by disabled employees in the workplace. Under the UK Equality Act 2010, employers have a legal duty to implement reasonable adjustments when they know or ought reasonably to know that an employee is disabled. This duty extends to adjustments that may require temporary or ongoing disability-related leave.

Disabled employees often need flexibility that goes beyond standard sick leave. Reasonable adjustments can include modified working hours, home working arrangements, additional break time, and crucially, disability-related leave that does not count against standard sick leave entitlements. Understanding these obligations helps employers stay compliant and build genuinely inclusive workplaces.

Key Takeaways

• The Equality Act 2010 requires UK employers to make reasonable adjustments for disabled employees when barriers are identified.
• Disability-related leave is separate from standard sick leave and should not trigger disciplinary or absence management procedures.
• Adjustments can include flexible hours, home working, equipment changes, and time off for medical appointments.
• Failure to make reasonable adjustments is unlawful and can result in tribunal claims with unlimited compensation.
• Employers must take proactive steps once they know or ought to know about a disability — waiting for a formal request is not enough.

What Are Reasonable Adjustments?

Reasonable adjustments are modifications to policies, practices, or the physical workplace that remove disadvantages faced by disabled employees. The duty arises under sections 20–22 of the Equality Act 2010 and applies to all employers, regardless of size.

An adjustment is “reasonable” if it is practical, effective, and proportionate to the cost and disruption involved. The employer does not need to eliminate every disadvantage — they need to remove or reduce significant barriers. Common adjustments include:

• Modified or flexible working hours
• Remote or hybrid working arrangements
• Provision of specialist equipment or software
• Accessible workspace modifications
• Additional time off for medical appointments
• Adjusted performance targets or deadlines

The key legal principle is that the employer must act once they know — or ought reasonably to know — that the employee is disabled. An employee does not need to use the words “reasonable adjustment” or formally request one. A conversation with a line manager or a fit note mentioning a long-term condition can trigger the duty.

Disability-Related Leave: How It Differs from Sick Leave

Disability-related leave is time off that is directly connected to an employee’s disability but is not the same as being off sick. For example, an employee with a musculoskeletal condition may need regular hospital appointments or physiotherapy sessions. An employee with a mental health condition may need occasional days off to manage flare-ups without those days counting as sick leave.

Under the Equality Act, if an employee’s disability causes them to need more time off than a non-disabled employee, the employer should treat that absence differently. Using standard sickness absence procedures against a disabled employee — such as triggering a formal warning after a certain number of sick days — can amount to a failure to make reasonable adjustments.

Situation	Standard Sick Leave Approach	Reasonable Adjustment Approach
Employee needs 2 days per month for hospital appointments	Counts toward absence trigger	Adjusted absence management — appointments excluded from triggers
Employee has occasional flare-ups requiring 1–2 days off	Counts toward formal absence procedure	Separate disability leave category, no disciplinary consequences
Employee cannot work standard hours due to treatment	Performance concern	Adjusted hours or temporary reduced schedule
Employee needs time off for counselling	Part of sick leave	Separate leave entitlement or flexible scheduling

The Employment Tribunal has repeatedly found that applying standard sickness absence policies without adjustment for disability constitutes discrimination. In Griffiths v Secretary of State for Work and Pensions (2015), the Court of Appeal confirmed that the absence management policy itself needed adjustment to avoid putting a disabled employee at a substantial disadvantage.

Employer Duties Under the Equality Act 2010

The duty to make reasonable adjustments is anticipatory — meaning employers should proactively consider barriers, not wait for a formal request. Once the employer knows or ought to know the employee is disabled, the three-part duty under section 20 of the Equality Act applies:

1. Auxiliary aids: Provide an auxiliary aid if one would help (such as special software, a modified desk, or a sign language interpreter).
2. Physical features: Change physical features of the premises that create barriers (such as inaccessible doorways or lifts).
3. Provisions, criteria, or practices: Modify or remove policies that disadvantage disabled employees.

The third limb is the most relevant to disability-related leave. If a policy — such as a sickness absence trigger or a requirement to attend the office five days a week — disadvantages a disabled employee, the employer must adjust that policy.

The EHRC Employment Statutory Code of Practice provides detailed guidance on what adjustments are considered reasonable, weighing factors like effectiveness, cost, disruption to the business, and the employer’s financial resources.

What Counts as a Disability Under UK Law?

Not every condition qualifies. Under the Equality Act 2010, a disability is a physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities. “Long-term” means lasting or likely to last 12 months or more, or likely to recur.

Conditions that automatically qualify as disabilities include:

• Cancer, HIV infection, and multiple sclerosis (regardless of severity)
• Conditions managed with medication or treatment (such as epilepsy, diabetes, or certain mental health conditions)
• Severe disfigurements

The Gov.uk guidance on the definition of disability provides further detail on which conditions meet the threshold.

Practical Steps for Employers

Building a workplace that genuinely supports disabled employees goes beyond legal compliance. Here are concrete steps you can take:

1. Train managers on the duty to make reasonable adjustments so they recognise the signs and respond appropriately. Line managers are often the first point of contact.
2. Create a clear process for employees to request adjustments, while recognising that the duty is triggered without a formal request.
3. Document agreed adjustments in a reasonable adjustment plan so both the employee and manager have clarity on what has been agreed.
4. Separate disability-related absence from sickness absence data so that disability-related leave does not trigger absence management procedures.
5. Review adjustments regularly — a person’s needs may change as their condition evolves, and what was reasonable two years ago may need updating.
6. Set up a confidential channel for disability disclosure, such as an occupational health referral or a confidential conversation with HR.

Common Misconceptions

Several myths persist around disability leave and reasonable adjustments:

• “If they can do the job, they’re not disabled.” The Equality Act definition does not require an employee to be incapable of working — it requires a substantial and long-term adverse effect on day-to-day activities, which can be managed through medication or adjustments.
• “We can’t afford adjustments.” The duty is to make reasonable adjustments, not every adjustment. Cost is a factor, but many adjustments — such as flexible hours, home working, or excluding appointment time from absence records — cost nothing.
• “We need a formal disability diagnosis.” Employers do not need a formal diagnosis. The duty is triggered when the employer knows or ought reasonably to know the employee is disabled, which may be from a fit note, a conversation, or observable effects.

Frequently Asked Questions

What is the difference between reasonable adjustments and disability-related leave?

Reasonable adjustments are any changes to policies, practices, or the workplace that remove barriers for disabled employees. Disability-related leave is one specific type of reasonable adjustment — it means granting time off connected to the disability without treating it as standard sickness absence. Both fall under the same legal duty in the Equality Act 2010.

Can an employer refuse to make a reasonable adjustment?

An employer can argue that a proposed adjustment is not reasonable — for example, if the cost is disproportionate or it would cause serious disruption to the business. However, the employer must be able to demonstrate why the adjustment is not reasonable. Simply choosing not to make an adjustment without consideration can amount to unlawful discrimination.

Does disability-related leave count toward the Bradford Factor or absence triggers?

No. If the absence is connected to a disability, it should be adjusted out of standard absence management triggers and Bradford Factor calculations. Applying standard triggers to disability-related absence has been found to be discriminatory by Employment Tribunals. Keep separate records to ensure disability-related leave is tracked independently.

Do small employers have to make reasonable adjustments?

Yes. The duty applies to all employers, regardless of size. The only difference is that cost and disruption are weighed more heavily for very small businesses. A sole trader with one employee still has the legal duty, though what is “reasonable” may differ from what is expected of a large corporate employer.

How should we document reasonable adjustments?

Record agreed adjustments in a reasonable adjustment plan that both the employee and manager sign. Include what adjustments were agreed, review dates, and who to contact if needs change. This should be stored as a confidential occupational health document, not in the general personnel file.

This article is general information, not legal advice. Consult a qualified employment solicitor for guidance on your specific situation and the Equality Act 2010.