Can My Employer Refuse Reasonable Adjustments?

Your employer can refuse an adjustment that is not reasonable. It cannot refuse one that is. Under sections 20 and 21 of the Equality Act 2010, a failure to make a reasonable adjustment for a disabled employee is disability discrimination, and you can bring a claim from your first day.

The legal definition of disability

Section 6 of the Equality Act 2010 says you are disabled if you have a physical or mental impairment that has a substantial and long term adverse effect on your ability to carry out normal day to day activities.

Substantial means more than minor or trivial. Long term means the effect has lasted, or is likely to last, at least 12 months, or is likely to recur. The test looks at your condition without treatment, so medication that controls your symptoms does not stop you being disabled.

Under Schedule 1 to the Equality Act 2010, cancer, HIV infection and multiple sclerosis count as disabilities from the day of diagnosis.

What the duty requires

Section 20 of the Equality Act 2010 places three requirements on your employer where you are put at a substantial disadvantage compared with people who are not disabled:

1. to change a provision, criterion or practice, such as a rule on hours, targets or attendance
2. to change a physical feature of the workplace
3. to provide an auxiliary aid, such as specialist software or equipment

Under section 20(7) of the Equality Act 2010, your employer cannot make you pay for the adjustment. Section 21 of the same Act makes a failure to comply with the duty a form of discrimination.

What makes an adjustment reasonable

The law does not list adjustments that are always reasonable. The tribunal looks at the facts. ACAS and the Equality and Human Rights Commission list factors such as:

• whether the adjustment would remove or reduce the disadvantage
• whether it can be made
• the cost, and the size and resources of the employer
• whether outside funding is available, such as Access to Work
• the effect on health and safety

An employer that turns down an expensive request must still make other adjustments that are reasonable. ACAS gives the example of a lift that is too costly, where moving the employee to the ground floor would be reasonable instead.

A refusal must have a proper reason. A blanket rule, a cost estimate with no figures, or a manager's view that it would set a precedent will rarely be enough.

Your employer's knowledge

Under Schedule 8 to the Equality Act 2010, the duty does not apply if your employer did not know, and could not reasonably be expected to know, that you are disabled and likely to be placed at a disadvantage. Your employer cannot avoid the duty by ignoring clear signs, such as repeated sickness absence for the same condition or an occupational health report.

Tell your employer about your condition in writing and say how it affects your work.

Access to Work

Access to Work is a government scheme that can fund support such as specialist equipment, support workers, travel to work and mental health support. GOV.UK confirms it does not pay for reasonable adjustments and does not replace your employer's legal duty. It can help with support that goes beyond what is reasonable for your employer to provide.

A customer service adviser with dyslexia, diagnosed in 2023, is placed on a Performance Improvement Plan for slow call notes. The adviser asks for screen reading software and extra time to complete the notes. The employer refuses without assessing the cost or contacting Access to Work, and continues the plan. That refusal may amount to a failure to make reasonable adjustments under section 21 of the Equality Act 2010.

Time limits

Acas states that time limits for employment tribunal claims increased from 3 months to 6 months on 1 October 2026. The 3 month limit may still apply to problems that started before 1 October 2026. Check your deadline early and seek advice. A failure to adjust is often treated as happening when your employer decided not to make the adjustment, or when it could reasonably have been expected to make it. Do not wait for the outcome of a long process. Start ACAS Early Conciliation within the time limit.

What to do next

1. Put your request for adjustments in writing, naming your condition and the disadvantage you face.
2. Ask for an occupational health referral if your employer has not made one.
3. Keep medical letters, emails and notes of every meeting about your request.
4. Ask your employer to give its reasons in writing if it refuses.
5. Apply to Access to Work where extra support would help.
6. Raise a grievance if your employer refuses without good reason, and note your time limit.

Put every adjustment request in writing and keep a dated copy of your employer's reply.

Frances N.U