Providing reasonable adjustments

Providing reasonable adjustments for employees without a formal diagnosis

In employment law, an employee can be considered as having a disability even if they do not have a formal diagnosis and would therefore be eligible to receive reasonable adjustments.

Typically, it is neurodiverse conditions such as ADHD, autism or dyslexia that present without a formal diagnosis within the workplace.

Individuals may not have a formal diagnosis for several reasons, such as long waiting times within the NHS, excessive costs for diagnosis under private healthcare, or fear of potentially negative reactions from others, including employers.

Under the Equality Act 2010, a person is recognised as having a disability if they have a physical or mental impairment, and the impairment has substantial and long-term (i.e., lasting 12 months or more) negative effects on their ability to carry out normal day-to-day activities.

Therefore, while a formal diagnosis is not needed, an employee would still need to provide evidence that they meet the definition under the Equality Act 2010 to afford protection under the Act.

Where a disability is recognised, such as ADHD, autism or dyslexia, employers should support their employees by providing reasonable adjustments in the workplace.

It is important to note that conditions such as ADHD or autism differ from person to person, and therefore, reasonable adjustments should be approached on an individual basis.

Reasonable adjustments will often focus on supporting an individual in areas such as concentration, communication, time management, balance and/or sensory overload.

This might be achieved by addressing their environment (e.g., providing noise-cancelling headphones, quiet spaces, computer screen filters) or setting up specific processes or software (e.g., regular check-ins, mind-mapping software or other specialist equipment).

Occupational Health reports can also be a useful tool for identifying specific and effective adjustments for an individual.

Where an employer is unsure if a specific adjustment would work or is feasible, it is advised to try it temporarily with the employee first.

What is considered reasonable is based on a number of factors, such as the practicality of the adjustment and the finances and resources available for the employer to implement the change.

It is also advised that employers keep a confidential record of adjustments, whether these were implemented and, if not, why they were not accepted.

The Government’s Access to Work scheme is a useful free support service accessed by employees who have a physical or mental health condition or disability.

For further information, visit Access to Work.