ADHD Reasonable Adjustments

Background and Legal Position

In the UK, the Equality Act 2010 sets out the legal requirement for employers to make reasonable adjustments in the workplace for employees or job applicants who have a disability or long-term health condition. ADHD qualifies for both. It also not uncommon for individuals with ADHD to have co-existing conditions – notably Anxiety and Depression.

Under the Act, a disability is defined as “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.” It includes conditions such as physical disabilities, mental health conditions, learning disabilities, and chronic illnesses.

Employers are required to make reasonable adjustments to ensure that disabled employees and job applicants are not placed at a disadvantage compared to non-disabled people. In broad terms this can include:

1. Adjusting the working environment: This could involve making physical changes to the workplace, such as installing wheelchair ramps or adapting workstations to make them accessible for people with mobility difficulties.
2. Changing work patterns: This could involve altering the hours or location of work to accommodate an employee’s disability.
3. Providing additional support: This could include providing additional training or supervision to help an employee with a disability perform their job effectively.
4. Adjusting recruitment processes: This could include allowing job applicants with disabilities to take part in the recruitment process in a different way, such as using a different format for interviews or providing additional time to complete assessments.

The adjustment must be reasonable. What is considered reasonable will depend on various factors, such as the size and resources of the employer, the nature of the work and the adjustment required, and the impact on the business. An employer is not required to make adjustments that would cause undue hardship, which would significantly impact the business’s operation or incur disproportionate costs.

If an employer fails to make reasonable adjustments, an employee may be able to bring a claim for discrimination under the Equality Act.