The duty to make reasonable adjustments

Last reviewed: 11 July 2026

What the duty to make reasonable adjustments actually covers, when it kicks in, and why offering to "talk about it" is not the same as making a change.

Legislation covered

Reasonable adjustments are not just ramps and screen readers. The duty is broader than most people expect, and it can require your employer to actively rethink how your role, your hours, or a process itself works, not just tolerate you doing things differently.

What triggers the duty

The duty only applies once your employer knows, or reasonably ought to know, that you have a disability and that it’s putting you at a disadvantage. Eastern and Coastal Kent PCT v Grey confirmed that ignorance is not automatically a defence. If a reasonable employer would have made enquiries, or if you’d already given them enough information to notice something was going on, the duty can still apply even if they say they didn’t know.

Knowledge held by any manager, HR contact, or occupational health referral counts as knowledge held by the organisation as a whole. Different parts of your employer not talking to each other is not your problem.

What counts as a reasonable adjustment

There’s no fixed list. What’s reasonable depends on your role, your disability, and what would actually remove the disadvantage.

Archibald v Fife Council found that where a disability means you can no longer do your original role, the duty can extend to redeploying you into a suitable vacancy without making you compete for it against other candidates. Williams v Royal Mail found that when an operational change affects a disabled employee, such as an altered start time, the employer has to genuinely explore alternatives, including trialling a different arrangement, rather than just imposing the change and relying on business need. Crisp v Iceland Frozen Foods found that even a standard company policy, such as who can accompany you at a disciplinary hearing, can have to flex if the usual options don’t meet what your disability actually requires.

Consultation is not the legal test: Tarbuck v Sainsbury’s confirmed that failing to consult you about adjustments is not, by itself, a breach of the duty. The real question is whether a reasonable adjustment existed and was made, not whether a meeting took place first. This cuts both ways: a consultation happening doesn’t guarantee your employer got it right, and one not happening doesn’t automatically mean they got it wrong. What matters is the outcome.

What happens if your employer doesn’t adjust

A failure to make reasonable adjustments is a discrimination claim in its own right. But Nottingham CC v Meikle confirmed it can do more than that: it can also breach the implied term of trust and confidence in your contract, giving you grounds to resign and claim constructive dismissal.

The two claims can run alongside each other. And your resignation doesn’t need to be caused solely by the failure to adjust. If it was a significant factor, alongside other things like the toll your condition was taking, the constructive dismissal claim can still stand.

What to do if you need an adjustment

Ask in writing. Be specific about what disadvantages you’re facing and what would help, rather than leaving your employer to guess.

Keep a record of the request and whatever response you get. If the answer amounts to “we haven’t looked into it,” that gap matters. Under Grey and Williams, an employer that never genuinely explored alternatives is on weak ground, regardless of what they knew or when.

If you’ve already been treated unfairly because your disability wasn’t recognised at all, our guide on what counts as a disability in law covers that threshold question first. If your employer failed to adjust and you’re now considering resigning, get advice before you do, since a constructive dismissal claim runs on a tighter clock than a straightforward discrimination claim.

If you’re stuck on what to ask for, our page of examples of reasonable adjustments people have actually asked for is a useful starting point.

FAQs

Frequently asked questions

When does my employer's duty to make reasonable adjustments start?

Once they know, or reasonably ought to know, that you have a disability and that it's putting you at a disadvantage. Knowledge held by any manager, HR contact, or occupational health referral counts as knowledge held by the organisation.

Does my employer have to consult me before deciding on an adjustment?

Not as a strict legal requirement. Failing to consult you isn't automatically a breach on its own; what matters is whether a reasonable adjustment existed and was actually made.

Can a failure to make reasonable adjustments lead to constructive dismissal?

Yes. Beyond being a discrimination claim in its own right, a failure to adjust can breach the implied term of trust and confidence in your contract, giving you grounds to resign and claim constructive dismissal.

What should I do if I need an adjustment at work?

Ask in writing, and be specific about what disadvantages you're facing and what would help. Keep a record of your request and whatever response you get, since an employer who never genuinely explored alternatives is on weak ground.