What Counts as a Disability Under UK Law?

Under section 6 of the Equality Act 2010, you have a disability 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, and long‑term typically means it has lasted or is likely to last at least 12 months or for the rest of your life.

This definition is broad and includes conditions like mobility issues, mental health conditions such as depression or anxiety, sensory impairments like deafness or blindness, and progressive conditions such as multiple sclerosis. It also covers past disabilities and some severe disfigurements. Cancer, HIV, and multiple sclerosis are deemed disabilities from diagnosis, regardless of current effects.

Normal day‑to‑day activities include things like walking, writing, speaking, or using a computer. If your condition fluctuates, like arthritis, it still qualifies if it meets the criteria over time. Medical evidence from a GP or specialist can support your case when discussing adjustments with your employer.

The Employer’s Duty to Make Reasonable Adjustments

Section 20 of the Equality Act 2010 imposes a duty on employers to make reasonable adjustments where a provision, criterion, or practice puts you at a substantial disadvantage compared to non‑disabled colleagues. This also applies to physical features of the workplace and failure to provide auxiliary aids.

The duty arises when your employer knows, or could reasonably have known, about your disability and the disadvantage. Reasonableness depends on factors like cost, practicality, business size, and resources. Small employers may have fewer obligations than large ones, but all must consider adjustments seriously.

Failure to make reasonable adjustments is discrimination arising from disability, actionable at tribunal. This duty applies from recruitment through to dismissal, covering applicants, employees, and workers.

Key Employer Obligations for Reasonable Adjustments

Your employer must not only respond to requests but also anticipate needs once aware of your disability. Under the Equality Act, they cannot justify refusal solely because adjustments cost money if they are reasonable overall. They must consider the effectiveness of the adjustment in removing the disadvantage.

Obligations include consulting with you, seeking advice from specialists if needed, and reviewing adjustments periodically as your condition changes. ACAS guidance emphasises a supportive dialogue to find mutually agreeable solutions.

If adjustments involve physical changes, employers should assess feasibility promptly. Ignoring the duty can lead to claims of disability discrimination, with potential compensation awards.

• Know or ought to know about the disability
• Assess substantial disadvantage
• Take reasonable steps without delay
• Balance cost against resources and effectiveness

Common Examples of Reasonable Adjustments

Reasonable adjustments for disability vary by individual needs but often include installing ramps or lifts for wheelchair users, providing screen‑reading software for visually impaired workers, or allowing flexible hours for those with fatigue‑related conditions.

Other examples encompass quiet workspaces for employees with autism or anxiety, adjusted desks for back pain sufferers, or sign language interpreters for deaf staff. Phased returns to work after illness or additional breaks for medical needs are also common.

For mental health, adjustments might involve clear written instructions instead of verbal briefings or regular check‑ins with managers. The key is tailoring to your specific barriers while remaining feasible for the employer.

• Physical: Ramps, accessible toilets, parking spaces
• Technological: Voice recognition software, amplified phones
• Procedural: Flexible hours, remote working, extra training time
• Support: Job coaches, mental health support access

How to Request Reasonable Adjustments from Your Employer

Start by having an informal chat with your manager about your disability and barriers, suggesting possible adjustments. Follow up with a formal written request, including medical evidence and why the changes are needed.

Your employer should acknowledge promptly and engage in dialogue. Keep records of all communications. Involve occupational health or HR if available.

If agreed, confirm adjustments in writing and trial them, reviewing effectiveness after a set period.

1. Informal discussion to raise awareness
2. Submit written request with details and evidence
3. Meet to discuss options and agree plan
4. Implement and monitor with reviews
5. Escalate to HR or union if stalled

What to Do If Your Employer Refuses Reasonable Adjustments

If refused, ask for written reasons and whether they considered alternatives. Use your workplace grievance procedure, referencing the Equality Act. Seek free advice from ACAS or Citizens Advice.

Refusal without justification may breach employer obligations under accessibility rights provisions. Document everything for potential tribunal claims.

Many disputes resolve through ACAS conciliation without court.

Bringing a Claim to an Employment Tribunal

Present your claim online via GOV.UK within 3 months of the refusal or discriminatory act, less one day for ACAS early conciliation. Tribunals assess if adjustments were reasonable objectively.

Successful claims can result in declarations, compensation for injury to feelings (bands up to £56,000+), and recommendations for adjustments. No cap on discrimination awards.

Self‑representation resources help navigate the process effectively.