Equality Act vs. Reasonable Adjustments: What Every UK Employer Must Know in 2026

Warm, human-centred workplace illustration showing colleagues navigating barriers and support together

For employers in England and Wales, the relationship between the Equality Act 2010 and reasonable adjustments is straightforward.

The Equality Act creates the legal duty. Reasonable adjustments are the practical steps an employer takes to remove or reduce a disadvantage experienced by a disabled person.

This is not simply an HR process. It is part of fair treatment, good governance and responsible management. A clear approach helps employees work with confidence. It also helps organisations make consistent decisions and maintain a reliable record of what was considered.

The need for that clarity is increasing. Disability discrimination tribunal claims rose by 79% year on year in the quarter ending 31 March 2026. Personnel Today reported 4,056 claims in that quarter, compared with 2,272 in the same quarter the previous year. The figures were based on tribunal data reviewed by Littler. Read the Personnel Today report.

This article explains the key requirements for employers in England and Wales.

What the Equality Act 2010 requires

Sections 20 and 21 of the Equality Act 2010 set out the duty to make reasonable adjustments.

The duty applies when a disabled person would otherwise experience a substantial disadvantage compared with a person who is not disabled.

Section 20 describes three adjustment requirements:

  1. A provision, criterion or practice
  2. A physical feature
  3. The absence of an auxiliary aid

The employer must take any steps that are reasonable to avoid the disadvantage or provide the necessary aid.

Section 21 states that failing to comply with the duty amounts to discrimination against the disabled person.

You can read the full wording in section 20 of the Equality Act 2010 and section 21.

Three routes to reasonable adjustment through workplace processes, physical access and support aids

The three types of reasonable adjustment

Adjust a provision, criterion or practice

A provision, criterion or practice is a workplace rule, expectation, process or way of working.

Examples include:

  • A requirement to work fixed hours
  • A standard absence management process
  • A requirement to work in a particular location
  • A performance target
  • A recruitment or promotion process
  • A requirement to attend meetings in a specific format

A standard process may appear neutral. It can still place a disabled employee at a substantial disadvantage.

An adjustment could involve changing working hours, allowing a phased return, adapting a performance process or providing additional time for a task.

Remove or change a physical feature

A physical feature can include the design of a building, an entrance, a fixture, furniture, equipment or another physical element of the workplace.

Possible adjustments include:

  • Providing an accessible workstation
  • Moving work to a more accessible area
  • Improving lighting
  • Providing accessible toilet facilities
  • Installing visual or audio alerts
  • Changing the layout of a workspace

The duty is not limited to permanent building work. It can include finding a practical alternative that allows the person to avoid the disadvantage.

Provide an auxiliary aid

An auxiliary aid is equipment, a service or another form of support that helps a disabled person carry out their work.

Examples include:

  • Screen-reading or speech-to-text software
  • Specialist keyboards
  • Noise-cancelling equipment
  • An interpreter or communication support
  • Information in an accessible format
  • A job coach, mentor or support worker

Section 20 also states that an employer cannot require the disabled person to pay the costs of complying with the adjustment duty, unless a specific legal exception applies.

What does “substantial disadvantage” mean?

“Substantial” means more than minor or trivial. The disadvantage does not need to be severe or identical for every disabled person.

The relevant comparison is between the disabled person and people who are not disabled. The question is whether the workplace arrangement creates a meaningful additional difficulty because of the person’s disability.

The disadvantage may affect:

  • Attendance
  • Concentration
  • Communication
  • Mobility
  • Sensory processing
  • Fatigue and energy levels
  • Managing working hours
  • Access to information
  • Participation in meetings
  • Performance or progression

The same workplace process may create a substantial disadvantage for one employee but not another. This is why reasonable adjustments must be considered in relation to the individual and the barrier they experience.

Employers should focus on the work-related impact rather than requiring an employee to provide unnecessary medical detail. The aim is to understand what is making work more difficult and what could reduce that difficulty.

The Acas guidance on reasonable adjustments provides practical examples for employers and employees.

Knowledge is not limited to a formal diagnosis

An employer’s duty usually depends on actual or constructive knowledge of the disability.

Actual knowledge exists when the employer knows that the person is disabled. Constructive knowledge exists when the employer should reasonably have known.

This means an employer cannot always rely on the absence of:

  • A formal diagnosis
  • An occupational health report
  • A written adjustment request
  • The word “disabled”
  • A clear statement that the Equality Act applies

The circumstances may provide enough information to require further enquiry.

Cunningham v BBC and constructive knowledge

The Employment Appeal Tribunal considered this issue in Marguerite Andrea Cunningham v British Broadcasting Corporation [2026] EAT 92.

The claimant had Type 2 diabetes and worked late-night shifts. The EAT held that the BBC had constructive knowledge of her disability. The information available to the organisation, including the impact on her sleep and health, should have prompted further consideration.

The EAT also said that the Employment Tribunal had not properly assessed whether removing the claimant from shifts finishing after midnight could have been a reasonable adjustment.

The case does not mean that every health issue automatically creates a duty to adjust. It does reinforce the need to respond to relevant information. Where an employer can see that a health condition may be affecting someone’s work, it should make reasonable enquiries and consider possible support.

Read the official Cunningham v BBC judgment.

How is reasonableness decided?

The Equality Act does not provide a fixed list of adjustments that every employer must make. Reasonableness is assessed objectively in the circumstances.

Relevant factors can include:

  • Whether the adjustment would reduce the disadvantage
  • How practical it would be to implement
  • The cost of the adjustment
  • The organisation’s financial and other resources
  • The size and structure of the employer
  • The effect on other employees
  • The impact on business operations
  • Whether external funding may be available
  • Whether another adjustment could achieve a similar result

Cost is relevant. It is not an automatic reason to refuse an adjustment.

A responsible decision should show that the employer:

  1. Identified the disadvantage
  2. Considered the employee’s suggestions
  3. Explored suitable alternatives
  4. Assessed practical and financial implications
  5. Explained the decision
  6. Reviewed the outcome

The decision should be based on evidence rather than assumption. A manager should not reject an adjustment because it is unfamiliar or because the organisation has not used it before.

Warm workplace discussion showing a manager and employee reviewing practical adjustment options together

Why tribunal trends matter in 2026

The rise in disability discrimination claims provides a clear governance signal.

Personnel Today reported 4,056 disability discrimination tribunal claims in the quarter to 31 March 2026. This compared with 2,272 in the same quarter the year before. That represents a 79% year-on-year increase.

Acas research also identifies failure to make reasonable adjustments as a recurring driver of disability discrimination claims. The issues can include refusing an adjustment, failing to implement an agreed adjustment or applying standard processes without considering their impact.

These figures do not mean that every adjustment dispute will result in a tribunal claim. They do show why informal and inconsistent processes create avoidable risk.

A documented process helps an employer demonstrate that it listened, investigated, considered options and reviewed the result.

Other 2026 employment law changes

The Employment Rights Act 2025 introduces additional changes relevant to employers in England and Wales.

Equality action plans from 6 April 2026

From 6 April 2026, employers with 250 or more employees can publish action plans on gender equality and support for employees through the menopause. The initial requirement is voluntary. The government’s current timetable indicates that these plans are expected to become mandatory in 2027.

Although these plans focus on gender equality and menopause support, they provide a useful structure for broader inclusion work. Employers can use the same governance approach to review disability support, reasonable adjustments, workplace culture and management capability.

The government’s implementation timetable sets out the current dates and notes that future timings may change.

Stronger sexual harassment duties from 30 October 2026

From 30 October 2026, employers must take “all reasonable steps” to prevent sexual harassment of employees.

The changes also introduce an obligation not to permit the harassment of employees by third parties, such as customers or clients.

These duties are separate from the reasonable adjustment duty. They share an important practical principle, however. Employers need clear policies, trained managers, reliable reporting routes and evidence that they have acted on known risks.

A practical compliance process for employers

A consistent process can connect legal compliance with better employee support.

1. Identify the barrier

Record what aspect of work is creating difficulty. Avoid making assumptions based only on a diagnosis or condition.

2. Understand the impact

Use a structured conversation, appropriate assessment or occupational health advice where needed. Focus on functional impact and workplace barriers.

3. Explore possible adjustments

Consider changes to processes, working patterns, physical features, equipment, communication and support.

4. Make and record the decision

Document the adjustment considered, the reason for the decision, the person responsible and the implementation date.

5. Review the outcome

An adjustment should not be treated as complete simply because it has been agreed. Check whether it is working and whether circumstances have changed.

6. Monitor organisational patterns

Track requests, completion times, decisions and outcomes. Use the information to identify recurring barriers and improve policy.

A workplace adjustment platform can support this process by giving employees a clear route to request support, helping managers assess options consistently and giving HR teams visibility across cases. StagPro’s THRIVE platform combines structured assessments, support recommendations, request management, decision guidance and outcome tracking.

You can also find out more about StagPro’s workplace adjustment support at stagpro.co.uk. Follow StagPro for updates and practical guidance on LinkedIn, Facebook and Instagram. Readers can also share this article through those StagPro social channels where relevant.

Good governance should make support more human, not less. When the process is clear, employees know what to expect. Managers have better guidance. Organisations can make decisions that are more consistent, accountable and responsive.

This article provides general information for employers in England and Wales. It is not legal advice. Organisations should obtain advice on specific circumstances and keep up to date with changes to legislation and government guidance.

Sources and further reading