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What is the duty to make reasonable adjustments?

The duty to make reasonable adjustments is an employer's legal obligation under the Equality Act 2010 to change how work is done so a disabled worker is not put at a substantial disadvantage at work.

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 duty to make reasonable adjustments is an employer's legal obligation under the Equality Act 2010 to change how work is done so a disabled worker is not put at a substantial disadvantage at work. It is a positive duty: you have to act, not just avoid treating someone badly. The duty is set out in section 20 of the Act, and it applies to your employees, workers, contractors and job applicants alike.

The three things the duty covers

Section 20 splits the duty into three requirements. Where one of these puts a disabled person at a substantial disadvantage compared with people who are not disabled, you have to take the steps it is reasonable to take to remove that disadvantage.

  1. A provision, criterion or practice. The way you do things: a fixed shift pattern, a written-test stage in recruitment, an open-plan desk policy, a way of giving instructions.
  2. A physical feature. Something about the building or premises, such as steps, lighting or door widths. You remove it, alter it, or provide a way around it.
  3. An auxiliary aid. Extra equipment or support, such as a screen reader, noise-cancelling headphones, or a written summary of a meeting.

What you actually need to know

Four points decide most cases. First, the duty only bites once you know, or could reasonably be expected to know, that the person is disabled. A formal diagnosis is helpful evidence but is not the trigger; what matters is that you knew enough about the impact on them to be on notice. Second, the worker is entitled to a reasonable adjustment, not necessarily the exact one they ask for. If you can meet the need another way that works just as well, that can be enough. Third, you pay. Section 20 says you cannot make the disabled person cover the cost of the adjustment. Any Access to Work grant tops this up; it does not replace your duty. Fourth, failing to make an adjustment you owe is itself a form of disability discrimination under the Act, so ignoring it is not a neutral choice. You can read more on what happens if you fail to make reasonable adjustments.

How this works for autism, ADHD and dyslexia

The duty is owed to anyone who is disabled within the meaning of the Act: a physical or mental impairment with a substantial and long-term (lasting, or likely to last, 12 months or more) adverse effect on everyday activities. Autism, ADHD and dyslexia commonly meet that definition, but none of them is automatically a disability in law. Each is assessed on its individual effect on that person, so the duty turns on impact, not on the label. For the threshold itself, see what counts as a disability under the Equality Act 2010.

Where the law comes from

Related

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

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What is the duty to make reasonable adjustments? | Remarkable Minds