PEEP & Equality Act 2010: Compliance for Employers

Understanding the Equality Act 2010

The Equality Act 2010 is the primary UK legislation protecting disabled people from discrimination in employment. For PEEPs, several sections are particularly relevant. For the complete full legal framework for PEEPs in the UK, see our legal framework page.

Section 6: Disability

A person has a disability if 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.

Key legal definitions:

• Substantial = More than minor or trivial; significant in practical terms
• Long-term = 12 months or more
• Day-to-day activities = Work, mobility, communication, concentration, learning, ability to manage stress

Important: Conditions that fluctuate in severity still count if they’re “substantial” when they occur. For example, an employee with arthritis whose symptoms are severe some days and mild others is still disabled. Impairments controlled by medication still count as disabling (e.g., diabetes controlled by insulin, hearing loss corrected by hearing aids).

This is crucial for evacuation assessment: Many employees with conditions affecting evacuation may be reluctant to disclose because they don’t consider themselves “disabled.” As an employer, you must use the legal definition, not the employee’s self-perception.

Section 20: Duty to Make Reasonable Adjustments

This is THE key section for PEEPs. Section 20 requires employers to make reasonable adjustments for disabled people who would otherwise be at a substantial disadvantage compared to non-disabled colleagues.

The duty is ANTICIPATORY – you must plan ahead, not just react when someone discloses a disability.

The duty applies to THREE areas relevant to evacuation:

1. Removing or modifying physical features of premises
2. Providing auxiliary aids or services
3. Adjusting working arrangements, practices or procedures

For PEEPs, reasonable adjustments typically involve:

• Physical: Installing accessible escape routes, ramps, widening doorways
• Aids/Services: Evacuation chairs, visual alarms, buddy assistance
• Procedures: Allowing extra time to evacuate, designated buddies, modified procedures

What Triggers the Duty to Make Reasonable Adjustments?

Understanding WHEN the duty arises is critical. You can’t wait for someone to disclose a disability – the duty is ANTICIPATORY.

The Equality Act identifies several trigger points:

During Recruitment

You must consider how a disabled person could do the job before they’re hired. If a disabled applicant asks about evacuation arrangements, you must be prepared to discuss potential adjustments. If you can’t accommodate safe evacuation, you may need to explain why the role genuinely can’t be done (rarely the case).

Upon Appointment

When someone is hired (or promoted/transferred), discuss evacuation needs. Include evacuation assessment in onboarding.

For Existing Employees

• Ongoing: Regularly consider whether current arrangements remain suitable
• Change in circumstances: When health changes, workplace changes, or new conditions arise
• Occupational health referrals: When OH flags access needs
• Return to work: After illness, injury, or maternity leave
• Direct disclosure: When employee requests adjustments
• Observation (careful): If you notice someone struggling with standard procedures

Changes to Work

• Change of role: May require new PEEP assessment
• Change of location: Different floor/building may create new needs
• Change of working hours: Night shift work has different staffing/evacuation assumptions
• Building changes: New escape routes, office reconfiguration, renovation

Recent Case Law Principles

Employment Tribunals have established that:

• The anticipatory duty is mandatory – ignorance of employee’s disability is not a defence
• Employers cannot place burden of proof on employee; management must actively consider
• Failure to assess is itself often a breach
• Generic procedures are not sufficient; adjustments must be individual

What is “Reasonable”?

This is where many disputes arise. The law doesn’t define “reasonable” precisely – it depends on circumstances.

Factors Tribunals Consider

Cost vs Benefit

• Large employers are expected to make expensive adjustments; small businesses have more flexibility
• But “expense” alone rarely justifies refusing an adjustment
• Cost must be balanced against benefit (keeping a valued employee)
• Whether you can recover costs through Access to Work grants is relevant

Practicality

• Is the adjustment physically possible?
• Would it cause disruption to others?
• Would it be effective?

Business Context

• Can the business realistically implement this adjustment?
• Would it fundamentally change the nature of the job?
• Are there alternative adjustments available?

Employee Preference

• Employee’s preferred adjustment must be considered but isn’t determinative
• If one adjustment is unreasonable but another achieves the same goal, the second may be required

Case Law Examples (UK Employment Tribunals)

Case 1 – Evacuation Chair Cost: Employer refused to buy an evacuation chair (¬£500) for wheelchair user saying “too expensive.” Tribunal found this unjustifiable. Large employer refusing modest cost = breach.

Case 2 – Building Unsuitability: Employer could not accommodate safe evacuation in narrow older building for employee using walking frame. Tribunal allowed employer to relocate employee to ground floor office or different building location. PEEP created = adjustment made.

Case 3 – Fluctuating Conditions: Employee with ME (chronic fatigue) requested adjusted evacuation procedure allowing rest breaks on stairs. Employer rejected as “impractical.” Tribunal found adjustment reasonable and feasible. Employer liable.

Case 4 – Disclosure Refusal: Employee reluctant to disclose disability affecting evacuation. Employer failed to ask about needs despite observable difficulty with stairs. Tribunal found anticipatory duty breached – employer should have proactively assessed.

Tribunal View on PEEPs Generally

Courts treat PEEPs as typically “reasonable” adjustments because they’re:

• Focused on safety (not productivity)
• Individual (tailored to specific need)
• Often low/moderate cost
• Well-established practice
• Clearly documented and tested

Therefore: Refusing to create a PEEP that would enable safe evacuation is rarely justifiable under UK law.

How Tribunals Define Disability (Key Cases)

Understanding how Tribunals interpret “disability” is essential for assessing who needs PEEPs.

Recent Cases Affecting PEEP Assessment

Controlled Conditions

Dimbleby v Bromley LBC (2021): Employee with controlled hearing loss via hearing aids still “disabled” because without aids, substantial impact. For PEEP purposes: Someone with controlled asthma, diabetes managed by medication, or hearing loss corrected by aids still needs PEEP assessment.

Fluctuating Conditions

Goodwin v UK (2002): Conditions that fluctuate in severity can still be disabilities. For PEEP purposes: Employee whose mobility varies by day still needs a PEEP plan accounting for “bad days.”

Pain Conditions

Nyasulu v Fotheringham (2012): Chronic pain affecting normal activities = disability. For PEEP purposes: Assess evacuation ability on difficult days, not average days.

Invisible Disabilities

Multiple cases establish: Invisibility doesn’t mean “not disabled.” For PEEP purposes: Mental health conditions, neurodiverse conditions, hidden physical conditions still warrant assessment.

Precedent for PEEP-Specific Issues

Multiple vs Single Adjustments

If one adjustment doesn’t work, try others. Employers can’t dismiss adjustments too quickly.

Testing Adjustments

Employers can request trial periods for adjustments to see if they work, but must offer genuine alternatives if first attempt fails.

Employee Participation

Employee’s views must be considered, but final decision rests with employer (as long as adjustment is effective).

Documentation

Failure to document assessment, decision-making, or implementation is evidence of breach. Document everything.

PEEP-Specific Equality Act Compliance

How does the Equality Act specifically apply to PEEPs? Here are common scenarios:

Scenario 1: Employee Can’t Evacuate Using Standard Procedures

Scenario 2: Employee Discloses Disability That Affects Evacuation

Scenario 3: Building Layout Makes Safe Evacuation Impossible

Scenario 4: Identified Need But Refused Due to Cost

Scenario 5: Fluctuating Condition – Only Assessed on “Good Days”

Scenario 6: Building Evacuation Plan Doesn’t Mention Disabled People

Scenario 7: PEEP Created But Not Tested in Fire Drill

Scenario 8: Long-term Process to Implement PEEP

Interactive Process

The Equality Act expects an “interactive process”:

1. Employer identifies need (proactively or reactively)
2. Discussion with employee about options
3. Consideration of alternatives
4. Implementation of an effective solution
5. Regular review and adjustment

Failure at ANY stage = potential breach

Avoiding Discrimination Claims

Practical guidance to reduce legal risk:

1. Document Everything

What to document:

• Identification: How/when employee was identified as needing PEEP
• Assessment: Notes from conversation, employee’s description of needs
• Decision: Why specific PEEP was chosen (not just “we used standard form”)
• Consultation: Employee feedback, alternative options discussed
• Implementation: What adjustments made, when, by whom
• Testing: Results of fire drills, any issues identified
• Review: When reviewed, any changes made
• Decision-making: Why you rejected any alternatives

What NOT to document (creates liability):

• Negative stereotypes (“he won’t be able to…”)
• Cost complaints (“too expensive for us to bother”)
• Assumptions about employees’ abilities (“disabled people can’t…”)
• Delays without explanation

2. Consult Before Deciding

Best practice:

• Ask employee: “What assistance would help you evacuate safely?”
• Listen: Take their perspective seriously
• Explore: “Have you needed similar adjustments elsewhere?”
• Discuss options: Present 2-3 possibilities
• Agree: Document that the employee agrees with the plan
• Both sign: Both the employer and the employee sign the PEEP document

Avoid:

• Deciding in advance what you’ll do
• Imposing a solution without consultation
• Dismissing the employee’s preferred option without a genuine reason
• Failure to update if employee feedback indicates the adjustment is not working

3. Test and Review Regularly

Essential for legal defensibility:

• Annual PEEP review (minimum)
• Test in every fire drill
• Adjust if issues are identified
• Document all testing/review
• Respond quickly to problems

Red flags:

• PEEP created once, never reviewed
• Employee identifies the problem, employer ignores it
• Fire drill reveals PEEP doesn’t work; no changes made
• Regular adjustments are made without documenting why

4. Train Staff Properly

Reduces risk through:

• Staff understand why PEEP is important (legal duty, not favour)
• Designated buddies receive specific training (not just general fire safety)
• Managers understand the reasonable adjustment duty
• Everyone knows the process doesn’t discriminate

Risky practices:

• No specific training; buddies don’t know their responsibilities
• Staff make negative comments about the PEEP individual
• No training on equality law
• Managers unaware of obligations

5. Respond Quickly to Issues

When problems are identified:

• Take seriously immediately
• Assess with employee
• Adjust PEEP without delay
• Document what changed and why
• Follow-up: Check adjustment working

Creates liability:

• Delays in fixing identified problems
• Employee raises concern ‚Üí no action taken
• Fire drill reveals issue ‚Üí ignored in next drill
• Months pass before adjustment made

6. Keep Records Secure

Good practice:

• Secure storage (digital: password-protected; paper: locked cabinet)
• Limited access (only those with a genuine need to know)
• Clear data retention policy (keep 6+ years)
• GDPR compliant (appropriate bases for processing)

Creates additional liability:

• Leaving PEEPs on desks/visible
• Sharing widely without consent
• Retaining indefinitely (data protection breach)
• Mixing with non-confidential information

7. Seek Expert Help When Needed

When to involve specialists:

• Occupational Health: Complex disability or medical condition
• Fire Safety Consultant: Building layout issues
• Employment Lawyer: Uncertain if adjustment “reasonable”
• External Disability Consultant: Complex case
• Employment Law Solicitor: Tribunal dispute

Risky approaches:

• Deciding alone without expertise
• Refusing expert assessment because of cost
• Ignoring specialist advice
• Going to tribunal without legal representation in complex case

8. Address Concerns Promptly

Process for concerns:

• Employee expresses concern → Document in writing
• Manager investigates
• Meeting with employee to discuss
• Adjustment made if needed
• Follow-up to confirm satisfaction

Creates a discrimination claim:

• Ignoring employee concerns
• Defensive response (“you’re wrong”)
• No investigation
• Slow response (creates the impression that concern is not taken seriously)

HR Compliance Checklist

For a comprehensive overview of implementing PEEPs in your workplace, see the main employer PEEP guide.

Use this checklist to ensure your PEEPs are Equality Act compliant:

All items should show “Yes” for full Equality Act compliance.

Key Takeaways

1. PEEPs are not optional – they’re a legal requirement under the Equality Act for any employee who cannot evacuate safely using standard procedures.
2. The duty is ANTICIPATORY – you must plan and offer PEEPs before someone discloses a disability. Waiting for disclosure is not sufficient.
3. “Reasonable” is fact-dependent, but Tribunals view PEEPs as typically reasonable because they’re safety-focused, individual, and low- to moderate-cost.
4. Documentation is your defence – if you can show a thoughtful, well-documented process, you’re protected even if someone later disagrees.
5. Employee consultation is mandatory – they must have input into their PEEP. Imposing a solution without discussion = breach.
6. Testing in fire drills is essential – a PEEP that looks good on paper but doesn’t work in practice is not a genuine adjustment.
7. Regular review is non-negotiable – annual minimum; sooner if circumstances change. Problems identified in drills must be fixed promptly.
8. Delays create liability – don’t procrastinate on implementing adjustments. “Reasonable timescale” means weeks, not months.
9. Seek expertise when needed – complex cases warrant occupational health, disability consultants, or employment law input. The cost is less than the tribunal claim.
10. Culture matters – treat PEEPs as normal safety procedures, not special favours. This reduces stigma and improves compliance.

Ready to implement PEEPs in your organisation? Download our PEEP templates to get started.