Someone in your team asks to start an hour later, or work from home two days a week, and mentions a health condition. You want to help, but you also want to know whether you have to say yes, and who decides.
The decision is yours, the duty is yours, and the test is not a matter of opinion on either side. This guide sets out when the duty starts, what "reasonable" means and what the file should show.
As checked on 16 October 2026, the duty to make reasonable adjustments is in force under the Equality Act 2010 and applies to employers in England, Scotland and Wales. Since 1 October 2026 the time limit for bringing a discrimination complaint to an employment tribunal, including a complaint about a failure to make adjustments, has been six months where the act or failure complained of is treated as happening on or after that date. Section 123, Equality Act 2010 and SI 2026/954, regulation 4.
Check whether the duty applies
Section 39(5) of the Equality Act 2010 says the duty to make reasonable adjustments applies to an employer. Section 39. Section 20 sets out what the duty is, in three requirements. Where a provision, criterion or practice of yours, a physical feature, or the lack of an auxiliary aid puts a disabled person at a substantial disadvantage compared with people who are not disabled, you have to take such steps as it is reasonable to have to take to avoid the disadvantage, or to provide the aid. You cannot require the disabled person to pay any part of the cost. Section 20, Equality Act 2010. Failing to comply is itself discrimination. Section 21.
A person is disabled under section 6 if they have a physical or mental impairment with a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. Section 6. Acas explains that "long-term" means at least 12 months or likely to last the rest of the person's life, that the effects can come and go, and that cancer, HIV infection, multiple sclerosis and certified sight impairment are covered automatically. Acas on what disability means by law, last updated 8 January 2025.
Acas advises looking at how someone's condition affects them rather than what it is. You do not need to settle the legal definition before talking about what would help.
The duty depends on knowledge. You are not under it if you do not know, and could not reasonably be expected to know, that the person has a disability and is likely to be placed at the disadvantage. Schedule 8, paragraph 20. The EHRC's 2011 statutory Code of Practice adds that you must do all you can reasonably be expected to do to find out, and that if someone acting for you in that capacity, such as an occupational health adviser or an HR officer, knows of the disability, you will not usually be able to claim you did not. EHRC Employment Statutory Code of Practice, paragraphs 6.19 and 6.21.
Acas lists the situations in which an employer must make adjustments: when it knows, or could reasonably be expected to know, someone is disabled; when a disabled person asks; when someone who is disabled is having difficulty with any part of their job; and when an absence record, sickness record or delay in returning to work is linked to their disability. Acas on reasonable adjustments, last updated 30 January 2025. So the duty can apply before anyone asks. A manager who has noticed someone struggling, and knows why, can be enough.
Who decides, and what the employee's view counts for
The duty sits on the employer, so the decision is yours. But you do not decide it by preference. The Code describes the test of whether a step is reasonable as "an objective one" that "will depend on the circumstances of the case", and says it is that question of reasonableness alone which decides whether an adjustment has to be made. EHRC Code, paragraphs 6.29 and 6.30. If the decision is challenged, a tribunal applies that test to the facts. It can order compensation and recommend steps to reduce the effect on the person. Section 124.
The employee's view carries real weight, but it does not settle the answer. There is no onus on the worker to suggest an adjustment, although the Code says it is good practice to ask. Where they do suggest one, you should consider whether it would help overcome the disadvantage and whether it is reasonable. EHRC Code, paragraph 6.24. Acas says both sides can suggest adjustments and that employers should take the lead from the person asking, because they may know better what would help. Acas on making and handling requests.
So the employee cannot insist on one particular change if a different, reasonable one removes the disadvantage. In Acas's example, refusing a small cut in workload because it would be unfair to others is likely to be a failure to make adjustments; the refusal might not be a failure if a much larger cut could not be accommodated, or if a different adjustment would help. Acas on types of disability discrimination.
Acas says a request can be made in writing, in a meeting, or through a formal process if the business has one. Acas on making and handling requests. The duty turns on what you know rather than on the form of the request, so a health need mentioned in passing at a one-to-one can be enough to start it.
Test the request against the factors
The Act does not list what makes a step reasonable. The Code gives the factors that might be taken into account: whether the step would be effective in preventing the disadvantage; how practicable it is; its financial and other costs and any disruption; the extent of your financial and other resources; the availability of financial or other help, such as advice through Access to Work; and the type and size of the employer. EHRC Code, paragraphs 6.23 and 6.28.
Acas puts the same test in four questions: whether the adjustment will remove or reduce the disadvantage, whether it is practical, whether it is affordable, and whether it could harm the health and safety of others. On the first, it says the employer "should talk with the person and not make assumptions". You do not have to change the basic nature of the job. Acas on reasonable adjustments.
Size counts, and Acas says so plainly: a small employer might not be able to afford as much as a large organisation. Its example is an employee who uses a wheelchair asking for a lift. The employer finds the cost would damage the business and can turn it down, but must still make other reasonable adjustments, such as arranging the work so it can all be done on the ground floor. Acas on reasonable adjustments.
Size is not a general answer, though. The Code says effective adjustments often involve little or no cost or disruption, and that one with a significant cost may still be reasonable when set against, for example, the cost of recruiting and training someone new. EHRC Code, paragraph 6.25.
On who pays, Acas says the employer is responsible. Acas on reasonable adjustments. Access to Work is a government grant that can help with things like specialist equipment, a support worker or travel, but GOV.UK states that it "will not pay for reasonable adjustments", which it describes as the changes an employer must legally make. GOV.UK on Access to Work.
A lawful refusal on the adjustments duty does not end the legal question. Treating someone unfavourably because of something arising from their disability, such as related absence, is discrimination under section 15 unless you can show it was a proportionate means of achieving a legitimate aim. Section 15. A rule that applies to everyone but puts disabled people at a particular disadvantage needs the same justification under section 19. Section 19. Write the reasons down as if someone will read them later.
Run a short process with a written outcome
Acas suggests a meeting. Share any relevant policy beforehand. In it, ask what the person would like and why, suggest what you think might work, and be clear that some things may not be possible. Agree the adjustments to try and a plan to review them. Both sides should take notes, and the employee may want a colleague there to take them. Acas on having a meeting.
If you need help deciding, Acas says you can agree with the person to get an occupational health assessment or to ask their doctor. Confirm whatever is agreed in writing. Acas on making and handling requests.
If you decide an adjustment is not reasonable, Acas says to talk with the person, explain the decision and try to find another way to support them. Acas on failing to make adjustments. Where one person's adjustment conflicts with a colleague's needs, Acas suggests looking for an arrangement that works for both, and getting legal advice before refusing. Acas on making and handling requests.
Neither the Act nor the Acas guidance sets a deadline for a decision. The Code says necessary adjustments should be made "in a timely fashion". EHRC Code, paragraph 6.32. Drift has a legal effect too. For a complaint about a failure to do something, section 123 treats the failure as happening when you decided on it. Without evidence of when that was, you are taken to have decided when you did something inconsistent with making the change or, if you did nothing of that kind, when the period ends in which you might reasonably have been expected to make it. Section 123. Our guide to tribunal time limits and leaver records explains how the six-month limit and the Acas pause work.
Two other processes overlap. A request to change hours or work from home can be a statutory flexible working request and an adjustment request at once. The Acas Code on flexible working says the employer must consider an adjustment request made that way under the Equality Act, and that the two obligations are separate. Acas Code of Practice on flexible working requests, paragraph 11. Because the duties are separate, a business reason that answers the flexible working request does not, by itself, answer the adjustments question.
The second overlap is performance. Acas says that before starting a capability or performance procedure for a disabled person, the employer must make sure it has done all it reasonably can to support them. Acas on capability and performance when someone is disabled, last updated 10 September 2024. Our guide to performance improvement plans and capability dismissal takes that process from there.
Keep the record and review it
Acas says adjustments should be reviewed regularly, for example every six months or when something changes, such as a new role, new equipment or a change in the person's condition. Acas on reviewing adjustments and keeping a record. A practical file holds four things: the request and the date it was made, the meeting notes, the written confirmation or the reasons for refusal with what was offered instead, and each review.
Acas also describes a reasonable adjustments passport: the disabled person's own record of what has been agreed, which they can show a new manager. It is a tool, not a legal requirement. Acas on reviewing adjustments and keeping a record.
Health information is special category data. The ICO says that as well as a lawful basis you must identify a condition under Article 9 of the UK GDPR, and lists the employment, social security and social protection law condition as particularly relevant for employers. Relying on it also means having an appropriate policy document in place. ICO on data protection and workers' health information. The ICO advises against relying on consent where the employer cannot offer a genuine choice. ICO on sharing workers' health information.
Access follows the "need to know" principle, and managers should see only the information they need. ICO on data protection and workers' health information. The ICO's own example is a facilities team that can see what a worker's workstation needs, but not the health condition behind it. ICO on sickness and injury records. A practical approach in a 20-person business is to keep the health details to whoever decides the request, give the person's manager only what they need to manage the adjustment, and tell anyone else only what the adjustment is. The ICO notes this guidance is under review following the Data (Use and Access) Act.
The next step is small. Decide who in the business handles adjustment requests, write the meeting, the written outcome and the review date into a short policy, as Acas suggests, and put a review date on every adjustment already in place. Acas on having a policy. For a question about one person, the Acas helpline is a good first call, and seek appropriate advice before refusing a request where needs conflict or before any dismissal.
Common questions
Does an employee need a diagnosis to get reasonable adjustments?
The Equality Act 2010 defines disability by the effect of an impairment on day-to-day activities, not by a diagnosis, and Acas advises looking at how a condition affects someone rather than what it is. The duty applies once you know, or could reasonably be expected to know, that the person is disabled and likely to be at a substantial disadvantage. Section 6, Equality Act 2010. Schedule 8, paragraph 20. Acas on what disability means by law.
Who pays for reasonable adjustments?
The employer. Section 20(7) of the Equality Act 2010 means you cannot require the disabled person to pay any part of the cost, and Acas says the employer is responsible for paying. Access to Work grants can help with things like specialist equipment or a support worker, but GOV.UK says the scheme will not pay for reasonable adjustments, which are the changes an employer must legally make. Section 20. GOV.UK on Access to Work.
Can an employer refuse a reasonable adjustment request?
You only have to make adjustments that are reasonable, judged objectively on factors such as effectiveness, practicability, cost and the size of the business. Acas says that if you decide a request is not reasonable you should talk with the person, explain the decision and look for another way to support them, and it suggests legal advice before refusing where needs conflict. Acas on failing to make adjustments. Acas on making and handling requests. EHRC Employment Statutory Code of Practice, paragraph 6.28.
How long does an employer have to respond to a reasonable adjustment request?
Neither the Equality Act nor the Acas guidance sets a deadline, and the statutory two-month period belongs to flexible working requests. The EHRC Code says necessary adjustments should be made in a timely fashion. For a complaint about a failure to act, the tribunal time limit can start when you do something inconsistent with acting or, failing that, when you might reasonably have been expected to act, and where the failure is treated as happening on or after 1 October 2026 that limit is six months. EHRC Code, paragraph 6.32. Section 123, Equality Act 2010. Acas Code of Practice on flexible working requests.
This article provides general information for England, Scotland and Wales. It is not advice on an individual situation. Check current guidance and seek appropriate advice before making employment decisions.
Sources checked 16 October 2026.