Introduction: Why Reasonable Adjustments Matter
Directors who are undergoing scrutiny through insolvency investigations frequently experience difficulties in complying with standard interview procedures due to underlying medical or psychological conditions. These conditions may include mental health disorders such as depression, anxiety, or post traumatic stress disorder, as well as cognitive impairments or physical disabilities. In such cases, requiring individuals to participate in online or face to face interviews without modifications can impose severe stress, impair comprehension and communication, and ultimately result in an unfair investigative process.
The Equality Act 2010, which is legislation enacted by the Parliament of the United Kingdom, provides legal protection to individuals with disabilities. Under this Act, public authorities, including the Insolvency Service, are under a statutory duty to make reasonable adjustments. These adjustments are required where a person with a disability would otherwise be placed at a substantial disadvantage compared to persons who are not disabled.
The objective of this article is to explain the legal foundation for seeking reasonable adjustments under the Equality Act 2010, to identify examples of such adjustments that have been accepted in insolvency proceedings, and to provide real life case studies where directors were able to secure modified procedures. It will also provide information on how to challenge decisions when the Insolvency Service refuses to make such adjustments.
Legal Basis for Reasonable Adjustments
The Equality Act 2010 consolidates previous anti discrimination laws and establishes rights for people with disabilities. Under Section 20 of the Act, the duty to make reasonable adjustments applies to public bodies and service providers. The purpose of this duty is to ensure that disabled persons are not placed at a disadvantage because of their condition when accessing services or participating in public processes, including official investigations.
Insolvency investigations are covered under this statutory framework. The Insolvency Service, as an executive agency of the Department for Business and Trade, has the obligation to act in accordance with the Act. When a director suffers from 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, that individual is likely to meet the legal definition of disability under Section 6 of the Equality Act 2010.
Failure to comply with the duty to make reasonable adjustments can give rise to a legal claim for discrimination. In particular, it may constitute a breach of the prohibition on discrimination arising from disability under Section 15, or a failure to comply with the duty under Section 21.
Examples of reasonable adjustments include the following:
- Postponing interviews until the director has received adequate medical treatment or is declared fit to participate by a qualified healthcare provider.
- Permitting written responses to be submitted in lieu of a real time interview when the nature of the disability makes verbal communication too difficult or distressing.
- Allowing extended time, regular rest breaks, and legal support during interviews where the director has cognitive processing difficulties, neurological impairments, or fatigue inducing conditions.
Adjustments must be both practicable and proportionate, and the Insolvency Service is required to consider all relevant medical evidence in determining whether a request is reasonable. Refusal to provide a necessary adjustment without justification may be challenged through legal proceedings or via complaints to the appropriate ombudsman.
Case Studies: How Directors Have Used the Equality Act to Secure Adjustments
Case Study 1: Avoiding an Online Interview Due to Severe Anxiety
A company director was issued a notice to attend an online interview with the Insolvency Service. The director had a confirmed diagnosis of post traumatic stress disorder (PTSD) and generalised anxiety disorder, which made participation in live interviews medically unsafe. The individual’s clinical psychologist and general practitioner provided written medical reports stating that the stress of a live video interview would likely cause a severe panic attack and could result in further psychological harm.
Outcome:
A formal request for reasonable adjustments was submitted, supported by the medical evidence. The Insolvency Service, after reviewing the documentation, agreed to cancel the live interview and permitted the director to submit their responses in writing. This allowed the director to participate meaningfully in the investigation without compromising their mental health. The adjustment was made under the statutory obligations imposed by the Equality Act 2010.
Case Study 2: Securing Extra Time and Legal Support
A second director was required to attend an interview as part of a disqualification investigation. The individual had suffered a traumatic brain injury and was diagnosed with cognitive impairment, including memory difficulties and reduced attention span. The proposed interview format involved rapid questioning over a three hour session, which would have severely disadvantaged the director due to their condition.
A solicitor acting on behalf of the director submitted a request for reasonable adjustments under the Equality Act 2010. The request was accompanied by a neurologist’s report confirming the director’s impairments and recommending accommodations such as shorter sessions, more time to process questions, and the presence of legal representation during the interview.
Outcome:
The Insolvency Service agreed to reschedule the interview, extended its duration to allow slower pacing, and permitted regular breaks. The presence of the director’s solicitor was approved to assist with understanding and responding to the questions. These changes enabled the director to participate effectively and reduced the risk of misunderstanding or procedural unfairness. The adjustments were accepted as necessary under the legal framework of the Equality Act 2010.
Disclaimer
This article is for informational purposes only and should not be considered legal advice. If you are facing an insolvency investigation or require legal support, please seek professional legal assistance. We offer a free 1 hour consultation to discuss your case and explore potential challenges to ensure a fair process.
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