Resource guide

Equality Act Legal Duty

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

By Calling All Minds·Last updated May 2026

Structure

Three types of barrier

The reasonable adjustment duty is often explained through three types of barrier:

Legal routeWhat it means in practice
Provision, criterion or practiceA rule, policy, process or usual way of doing things creates disadvantage
Physical featureSomething about the built environment creates disadvantage
Auxiliary aidA person is disadvantaged because equipment, technology or support is missing

Definitions

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.

Reasonableness

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, and whether alternatives are available.

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

Services

Anticipatory duty

In service settings, the duty is often anticipatory. 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 request.

Risk

Failure to adjust

A failure to make reasonable adjustments can create legal risk, damage trust, increase absence and worsen performance issues. Organisations reduce risk when they respond promptly, document decisions, assign ownership and review whether support is working.

AXS Passport supports the operational process around adjustment requests, ensuring that support moves from discussion to action. Explore AXS Passport

Understand the legal duty

The Equality Act 2010 provides the framework. Good practice makes it work in reality.