The Equality Act 2010 - Duty to make reasonable adjustments

Learning Outcomes

After studying this article, you will be able to explain the duty to make reasonable adjustments under the Equality Act 2010, including its anticipatory nature, the meaning of "substantial disadvantage," and the factors determining reasonableness. You will be able to identify when the duty arises, distinguish between the obligations of service providers and employers, and apply relevant case law and practical examples to SQE1-style scenarios.

SQE1 Syllabus

For SQE1, you are required to understand the duty to make reasonable adjustments under the Equality Act 2010, especially as it applies to legal service providers and employers. In your revision, focus on:

• the legal basis and scope of the duty to make reasonable adjustments for disabled persons
• the anticipatory nature of the duty for service providers
• the meaning of "substantial disadvantage" and "reasonableness"
• the main types of reasonable adjustments (policies, physical features, auxiliary aids)
• the factors used to assess what is reasonable
• the application of the duty in legal practice and employment
• relevant case law illustrating the duty in action

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. What triggers the duty to make reasonable adjustments under the Equality Act 2010?
2. What is meant by the "anticipatory" nature of the duty for service providers?
3. Name two factors a court will consider when deciding if an adjustment is reasonable.
4. Give an example of an auxiliary aid that might be a reasonable adjustment for a disabled client.

Introduction

The Equality Act 2010 imposes a duty on employers, service providers, and others to make reasonable adjustments for disabled people. This duty aims to remove or reduce substantial disadvantages faced by disabled individuals compared to non-disabled people. For SQE1, you must understand when the duty arises, what adjustments may be required, and how reasonableness is assessed in practice.

Key Term: reasonable adjustment
A change or support that removes or reduces a substantial disadvantage for a disabled person compared to others, required by law if reasonable.

Key Term: substantial disadvantage
A disadvantage that is more than minor or trivial, caused by a provision, criterion, practice, or physical feature.

Key Term: anticipatory duty
The obligation on service providers to consider and address barriers for disabled people in advance, not just when a specific individual requests it.

The Legal Framework

The duty to make reasonable adjustments is set out in sections 20–22 of the Equality Act 2010. It applies to employers, service providers (including solicitors), and others such as education providers. The duty is designed to ensure disabled people can access work, services, and premises as far as possible on equal terms.

When does the duty arise?

The duty is triggered when a disabled person is placed at a substantial disadvantage compared to non-disabled people by:

• a provision, criterion, or practice (PCP)
• a physical feature of premises
• the lack of an auxiliary aid or service

Employers must make adjustments when they know, or could reasonably be expected to know, that an employee or applicant is disabled and likely to be disadvantaged. Service providers (such as law firms) have an anticipatory duty—they must plan ahead for the needs of disabled people generally, not just react to individual requests.

What types of adjustments may be required?

There are three main categories:

1. Changing policies, practices, or procedures
   Example: Allowing a client with a learning disability extra time to understand documents.

2. Altering physical features
   Example: Installing a ramp or lift to allow wheelchair access to an office.

3. Providing auxiliary aids or services
   Example: Supplying information in large print or providing a sign language interpreter.

What is "reasonable"?

Not every adjustment is required—only those that are reasonable. The Act does not define "reasonable," but courts consider:

• the effectiveness of the adjustment in overcoming the disadvantage
• practicality and feasibility
• the cost and the resources available to the organisation
• the disruption caused
• the availability of external assistance (e.g., grants)

The larger the organisation and the greater its resources, the more is expected.

The anticipatory duty for service providers

Service providers must consider the needs of disabled people in advance. This means reviewing policies, training staff, and making physical changes where necessary, even if no disabled person has yet requested access.

Exam Warning For service providers, the duty is not limited to existing clients. Firms must anticipate and address barriers for disabled people generally.

Application in Legal Practice

Solicitors and law firms must ensure their services are accessible to disabled clients and prospective clients. This includes:

• Providing documents in accessible formats (e.g., braille, audio, Easy Read)
• Adjusting meeting arrangements (e.g., home visits, video calls)
• Ensuring premises are accessible (e.g., step-free access, accessible toilets)
• Training staff to assist disabled clients appropriately

Employers in legal practice must also make reasonable adjustments for disabled employees, such as modifying workstations, adjusting working hours, or providing assistive technology.

Worked Example 1.1

A client with a visual impairment asks for a copy of a retainer letter in large print. The firm does not have a large print version and tells the client to bring someone to read it to them. Has the firm complied with its duty?

Answer: No. The firm should have anticipated the need for accessible information and provided the letter in large print or another suitable format. Failing to do so is likely a breach of the anticipatory duty.

Worked Example 1.2

A law firm occupies an office with steps at the entrance and no ramp. A wheelchair user cannot enter. The firm says it has no disabled clients and so no need to make changes. Is this correct?

Answer: No. The duty is anticipatory. The firm must consider and remove barriers for disabled people generally, not just current clients. Installing a ramp may be a reasonable adjustment.

Worked Example 1.3

A small high street firm is asked by a client with a hearing impairment to provide a sign language interpreter for a meeting. The firm says it cannot afford the cost. Is this reasonable?

Answer: It depends. The court will consider the firm's resources, the cost of the interpreter, and whether the adjustment is effective. If the cost is disproportionate to the firm's size and income, it may not be reasonable, but the firm should consider alternative adjustments.

Factors Affecting Reasonableness

When deciding if an adjustment is reasonable, consider:

• the size and resources of the organisation
• the cost and practicality of the adjustment
• the extent to which the adjustment overcomes the disadvantage
• the disruption caused to the business or others
• the availability of financial support (e.g., Access to Work grants)

No adjustment can be required if it would fundamentally change the nature of the service or impose an unreasonable financial burden.

Revision Tip

For SQE1, remember that the duty is ongoing. Firms must regularly review and update adjustments as circumstances and technology change.

Consequences of Failing to Make Adjustments

Failure to comply with the duty to make reasonable adjustments is unlawful discrimination. Affected individuals can bring a claim in the county court (for services) or employment tribunal (for work). Remedies include compensation for injury to feelings and, in some cases, an order to make the adjustment.

Key Case Law

• Archibald v Fife Council [2004] UKHL 32
  The House of Lords held that reasonable adjustments may require treating a disabled person more favourably, such as transferring them to a different role without competitive interview.

• Paulley v FirstGroup plc [2017] UKSC 4
  The Supreme Court found that a bus company had not done enough to enable wheelchair users to access designated spaces, stressing the need for proactive steps.

• Finnigan v Chief Constable of Northumbria Police [2013] EWCA Civ 1191
  The Court of Appeal held that providing a sign language interpreter was a reasonable adjustment, showing that auxiliary aids include human assistance.

Key Point Checklist

This article has covered the following key knowledge points:

• The Equality Act 2010 requires reasonable adjustments to remove substantial disadvantages for disabled people.
• The duty applies to employers and service providers, including solicitors.
• Service providers have an anticipatory duty to plan for disabled people's needs in advance.
• Adjustments may include changing policies, physical features, or providing auxiliary aids.
• What is "reasonable" depends on effectiveness, practicality, cost, and resources.
• Failure to make reasonable adjustments is unlawful discrimination and can lead to legal claims.
• The duty is ongoing and must be reviewed regularly.

Key Terms and Concepts

• reasonable adjustment
• substantial disadvantage
• anticipatory duty