The Equality Act Duty to Make Reasonable Adjustments

The Equality Act 2010 includes a duty to make reasonable adjustments where disabled people would otherwise be placed at a substantial disadvantage.

This page explains the duty in practical terms. It is not legal advice. It is designed to help employers, managers, HR teams and service providers understand the structure behind reasonable adjustments and how that duty connects to everyday decisions.

By Calling All Minds·Last updated May 2026

Reasonable adjustments guide

Current chapter: The legal duty

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Disability and neurodiversity

The Equality Act duty is framed around disabled people. Neurodivergent people may be covered where their neurodivergence has a substantial and long-term adverse effect on day-to-day activities.

That distinction matters. Calling All Minds works extensively with neurodivergent people, but it should not imply that neurodivergence is automatically a separate legal category under the reasonable adjustment duty.

The practical approach is still the same: understand the barrier, understand the disadvantage and consider what would reduce it.

What is substantial disadvantage?

Substantial disadvantage means more than minor or trivial disadvantage.

It does not mean the person must be unable to do something altogether. A process can still create substantial disadvantage if it makes access, work or participation much harder because of disability.

For example, a person may technically be able to attend a meeting, but still be substantially disadvantaged if the meeting format prevents them from processing information, contributing or retaining action points.

This is why reasonable adjustment conversations should look beyond surface access.

What does reasonable mean?

Reasonable does not mean unlimited. It also does not mean optional whenever an adjustment is inconvenient.

A decision may involve considering effectiveness, practicality, cost, organisational resources, impact on the disabled person, impact on the service or team and whether alternatives are available.

The key point is that the request should be considered properly. A reflexive "we do not do that" is not good practice.

Poor responseBetter response
We treat everyone the sameLet's look at whether the usual process creates a disadvantage
We cannot make exceptionsLet's understand the barrier and consider practical options
That is too difficultLet's assess what is reasonable and whether alternatives exist
Come back when you have more proofLet's identify what information is actually needed to consider support

What the duty is not

MisunderstandingBetter understanding
It means every request must be acceptedEach request should be considered properly and alternatives explored where needed
It only applies to visible disabilitiesIt can apply to non-visible disabilities, health conditions and neurodivergent conditions where the legal test is met
It is only an HR issueManagers, systems, IT, facilities and leadership may all affect implementation
It ends when the adjustment is agreedThe adjustment still needs to be implemented, reviewed and updated

Employment, services and education

Reasonable adjustments appear in different settings. The exact legal detail can vary, but the practical idea is similar: reduce disadvantage and improve access.

SettingWhat the duty can involve
EmploymentRecruitment changes, working arrangements, equipment, management practice and workplace environment
ServicesAccessible communication, alternative ways to access a service and anticipatory planning
EducationAccessible materials, support arrangements and auxiliary aids where relevant
Public functionsPolicies, processes and access routes that do not unnecessarily exclude disabled people

Anticipatory duty for services

In service settings, the reasonable adjustment duty is often anticipatory. That means service providers should think in advance about what disabled people may need rather than waiting until someone is excluded.

This is different from many workplace situations, where adjustments are often triggered by an individual's circumstances or request.

The principle is important for digital access, customer journeys, events, training, forms and public-facing communication. A service should not wait for every barrier to be discovered through failure.

Scenario: equal treatment still creates disadvantage

An organisation requires every job applicant to complete the same timed written exercise. The test is not assessing speed. It is meant to assess judgement and problem solving.

A dyslexic candidate asks for extra time or an alternative format. The employer says no because everyone must complete the same task in the same way.

That response may feel equal on the surface, but it can still create disadvantage. If speed is not the core skill being assessed, the employer should consider whether the process can be adjusted while preserving the purpose of the assessment.

Reasonable adjustments often require that distinction: what is essential and what is just habit?

Failure to make reasonable adjustments

A failure to make reasonable adjustments can create legal risk. It can also damage trust, increase absence, worsen performance issues and push people out of work or services.

Organisations reduce risk when they respond promptly, document decisions, assign ownership, implement agreed changes and review whether support is working.

That is why the duty cannot be separated from process. Understanding the law is useful. Managing the adjustment is what makes it real.

How this connects to AXS Passport

AXS Passport does not replace legal judgement. It supports the operational process around adjustment requests.

It can help organisations capture the request, understand the barrier, record agreed adjustments, assign responsibility, track implementation and review support over time.

That matters because the reasonable adjustment duty is not fulfilled by intention alone. The adjustment has to move from discussion to action.

Explore AXS Passport

The point is not to replace human judgement. It is to give human judgement structure, evidence and accountability.

FAQs and sources

QuestionAnswer
What is the duty to make reasonable adjustments?It is a legal duty to take reasonable steps to remove or reduce substantial disadvantage experienced by a disabled person.
What does substantial disadvantage mean?It means disadvantage that is more than minor or trivial. It may affect access, participation, work, communication, assessment or the ability to use a service.
What is a provision, criterion or practice?It is a policy, rule, requirement, process or usual way of doing something that may disadvantage a disabled person.
What is an auxiliary aid?An auxiliary aid is equipment, technology or support that helps reduce disadvantage. Examples include assistive software, captions, hearing loops or adapted equipment.
Does the duty apply to neurodivergent people?It can apply where the neurodivergent person meets the Equality Act definition of disability. The practical focus should be on the effect, the barrier and the support needed.
Can an organisation refuse a requested adjustment?It may decide a specific adjustment is not reasonable, but it should consider the request properly, explain the decision and explore alternatives where appropriate.
Does the duty only apply to employers?No. It can apply across employment, services, education and public functions, depending on the setting and the specific legal provisions.
Is this page legal advice?No. This page gives general practical information. Organisations should seek legal advice for specific disputes, complex cases or tribunal risk.

Sources

Last checked: May 2026

SourceWhy it matters
Legislation.gov.uk: Equality Act 2010 section 20Sets out the duty to make adjustments
GOV.UK: Equality Act 2010 guidanceConfirms the Act protects people from discrimination in work and wider society
EHRC: Terms used in the Equality ActExplains anticipatory duty for service providers
Acas: Reasonable adjustments at workExplains workplace duties, examples and employer practice

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