Launching Summer 2026|Learning Specialist? Sign up now

Are we legally required to make reasonable adjustments?

Yes. Under the Equality Act 2010 employers must make reasonable adjustments once they know, or could reasonably be expected to know, that an employee or applicant is disabled — and failing to is unlawful discrimination.

Emma Owen, Owner of The SEN Support Studio — reviewer of this Remarkable Minds answer

Fact-checked by Emma Owen, Owner of The SEN Support Studio. Last reviewed .

Former Local Authority SEN Advisor & specialist SEN teacher · 6+ years across SEN

The legal duty

Yes. Under the Equality Act 2010 employers must make reasonable adjustments once they know, or could reasonably be expected to know, that an employee or applicant is disabled — and failing to is unlawful discrimination. The duty has three parts: changing a way of working that puts a disabled person at a substantial disadvantage, changing a physical feature of the workplace, and providing an auxiliary aid such as software or equipment Equality Act 2010, s.20. It applies to your staff and to job applicants alike s.39.

The two gates the bare “yes” leaves out

The duty only bites if two things are true, and both are where employers most often slip up. First, the person has to meet the Act’s legal test for disability: a physical or mental impairment with a substantial, long-term adverse effect on their ability to carry out normal day-to-day activities s.6. That is a legal test, not a diagnosis. So “they’re undiagnosed” is not a defence, and autism, ADHD and dyslexia commonly meet it — though each is assessed on its own facts, never automatically.

Second, the duty starts once you know, or could reasonably be expected to know, that someone is disabled. You cannot switch it off by looking away. If an employee’s difficulties are becoming obvious, or they have asked for a change, failing to make reasonable enquiry will not protect you — the law treats constructive knowledge the same as actual knowledge.

What “reasonable” means — and what it costs to get wrong

“Reasonable” is judged on practical factors: the cost of the adjustment, how practicable it is, your resources, and how far it would actually remove the disadvantage Acas. A small employer is not held to the same bar as a large one. But cost alone rarely excuses doing nothing, because many adjustments — a quieter desk, flexible hours, written instructions — are low-cost or free. Refusing or failing to make a reasonable adjustment is itself a form of disability discrimination, enforceable at an employment tribunal s.21. There is no upper limit on the compensation a tribunal can award.

Where the law comes from

Related

This page is general information, not clinical or legal advice.

Need this answered for your specific situation?

A Remarkable Minds SEND specialist will read your paperwork and give you specific advice in a 45-minute video call. £45.

Find a specialist
Are we legally required to make reasonable adjustments? | Remarkable Minds