Lesson 6 – The Duty to Consider Reasonable Adjustments

6.1 What is a reasonable adjustment?

A reasonable adjustment is a change intended to remove or reduce a substantial disadvantage experienced by a disabled person.

Section 20 of the Equality Act 2010 establishes the reasonable-adjustments duty. The EHRC describes the duty as requiring service providers to take positive steps so disabled people can access services.

Adjustments may involve changes to:

• A policy;
• A procedure;
• A communication method;
• The way information is provided;
• An appointment arrangement;
• A physical feature, where the applicable legal duty requires it; or
• The provision of an auxiliary aid or service.

The precise duty may differ depending on whether MyEstate is providing a service, managing premises or acting in connection with a letting. Employees should refer significant physical alterations or legally complex requests to management.

6.2 Possible service adjustments

Depending on the circumstances, adjustments may include:

• Providing documents in larger print;
• Supplying accessible electronic documents;
• Communicating by email rather than telephone;
• Communicating by telephone rather than through an online portal;
• Reading information aloud;
• Explaining information in plain English;
• Allowing additional appointment time;
• Breaking the process into shorter stages;
• Providing a quiet meeting space;
• Arranging a step-free meeting location;
• Offering an accessible viewing appointment;
• Permitting an advocate or support person to attend;
• Allowing extra time to provide information;
• Providing a lawful alternative to a digital process;
• Using an appropriate interpreter; or
• Confirming important information in writing.

6.3 What makes an adjustment reasonable?

Relevant considerations may include:

• Whether the adjustment will remove or reduce the disadvantage;
• How practical it is;
• The time and resources required;
• The cost;
• MyEstate’s size and resources;
• Health and safety;
• Legal and regulatory requirements;
• The availability of alternatives;
• The effect on other people; and
• Whether the adjustment fundamentally changes the service.

Cost alone should not be used as an automatic reason for refusal.

6.4 Information about disability

Staff should collect only information genuinely needed to understand the barrier, consider the adjustment or fulfil another lawful purpose.

It may not be necessary to request a diagnosis or detailed medical history. The important question is often what difficulty the customer experiences and what adjustment would assist.

6.5 When an adjustment cannot be provided

An employee should not reject a request immediately. They should:

1. Establish what barrier the customer experiences.
2. Clarify the requested adjustment.
3. Check their authority.
4. Consider possible alternatives.
5. Refer the request to a manager.
6. Record the decision and reasons.
7. Explain the outcome respectfully.
8. Offer another effective option where possible.

Lesson 6 key point

The aim of a reasonable adjustment is to remove a disadvantage, not to guarantee a particular property or transaction outcome.