Failure to make reasonable adjustments and making complaints

Anyone can ask for adjustments if they need them.

You will need to:

  • talk about how your condition affects you
  • ask what you need

If asking does not work, complaining can be the most effective way to get what you want.

People who are defined as 'disabled' under the Equality Act have the right to reasonable adjustments.

Definition of disability under Equality Act 2010 (GOV.UK)

If you are refused adjustments

Ask why. If you disagree, you could negotiate to get what you need. You could:

  • explain why you believe the adjustments would not cause problems
  • suggest ways to reduce the impact of the changes
  • ask if alternative adjustments might be possible

If that does not work, you may have to take a more formal approach. This could include:

  • making a complaint
  • challenging the decision in County Court or an employment or education tribunal

At work

Try talking with your manager. If that does not work, you may have to take a more formal approach.

If your employer rejects adjustments

Informal complaints

Complaints can be the quickest way to get the support you need.

If you can, start by talking with the person who is not supporting you. This could be a line manager who is not providing papers in an accessible format or a colleague who is ignoring you.

Explain:

  • how your condition or impairment affects you and what you need
  • how they can help

Formal complaints

Making a formal complaint to an employer, education or service provider may help you reach an agreement and avoid going to court.

For employment and education, this might include mediation with the employer or local authority.

Formal complaints at work

If you are an employee complaining about someone at work, you will need to talk to your manager or someone else senior. You may need to raise a formal grievance.

If your employer rejects adjustments

Formal complaints to companies and public services

You can look up the company on Resolver, which is a free complaints tool that provides templates and helps you to track your complaint.

Search for the company on Resolver

Submit your complaint. Usually, this will be online.

Complaining to the organisation's Facebook page or Twitter account can also help.

Taking a complaint further

If making a written formal complaint does not work, find out if there's someone else you can appeal to. How this works will vary in different types of organisation, for example:

Your rights

To have legal rights to reasonable adjustments, you will need to be defined as 'disabled' under the Equality Act. This usually means sharing how your condition affects you, not what your condition is.

Legally, an employer, education or service provider only has a duty to make reasonable adjustments when you are at a 'substantial disadvantage' compared to people who are not disabled.

Showing you're disabled under the Equality Act (Citizens Advice)

Not making reasonable adjustments is discrimination.

What discrimination is covered by law

To have a legal right to an adjustment, it must be considered 'reasonable'. There is no set definition of a 'reasonable' in the Equality Act. It depends on what you need, the situation and how much the adjustment might cost.

An adjustment can be physical, such as a ramp or hearing loop. Or it can mean changing the way people behave towards you, such as colleagues not covering their mouths when they are speaking if you lip read. Many adjustments cost very little and can have benefits for everyone. For example:

  • giving people who find noisy shopping environments difficult the chance to browse 30 minutes before a shop opens
  • autism-friendly cinema screenings
  • an employer offering flexible working

Employers and people providing services or education should consider all disabled people's requests for adjustments.

If the organisation, education provider or employer refuses your request, they should explain why. The reasons for refusal can help you decide whether it is discrimination.

For example:

An organisation or employer may legally refuse an adjustment if it was too expensive or would disrupt other people or the business. This is not discrimination.

Refusing to make an adjustment that is cheap and easy to implement could be discrimination.

It could also be discrimination if the employer, services or education provider:

  • tells you that you cannot get an adjustment because it's 'unusual' or 'favouritism'
  • discourages you from making a written request for reasonable adjustments
  • makes comments like "We are doing you a favour by having you here in the first place."

Proving that you're disabled

You should be able to get smaller and cheaper adjustments without proving that you're disabled. For larger adjustments, you might need to show that you claim a disability benefit or share a written report from a professional. You will always need written proof in court.

Smaller adjustments

You should not have to prove that you have a condition. If a shop or public service refuse a smaller adjustment, complaining is probably the best way to get the support you need.

If you're trying to access a service that a company offers, social media can be useful. Complaining on Facebook or Twitter can be a good way to get companies to make smaller adjustments if they refuse them when you ask. Do not use social media to complain about your employer.

Examples of smaller adjustments could include:

  • being able to talk to shop staff somewhere quiet
  • being allowed behind the counter to pay if it's too high

Larger adjustments

For larger adjustments, you might be asked to prove that you have a condition or how it affects you. There is no 'register' for disabled people so proving things can be hard.

You could do this by showing that you:

  • get a state benefit like Personal Independence Payment (PIP)
  • are registered as blind or deaf with your local authority
  • have a disabled bus pass or railcard
  • have a Blue Badge

In court

If you go to a court or tribunal, you will need to prove that your condition is classed as 'disabled' under the Equality Act. You will also need to prove that you are at a 'substantial disadvantage' compared to other people. This usually means a written report or letter. This could be from a:

  • doctor
  • occupational therapist
  • educational psychologist

County Court and tribunals

County Court or a tribunal is a way of enforcing your rights to reasonable adjustments. Getting advice about whether you have a legal case can help you decide how to get what you need.

Finding legal help

Making a claim at employment tribunals (GOV.UK)

Warning

Find out if you have a good case

It may be hard to prove that someone has refused an adjustment unreasonably.

Going to a court or tribunal takes time and can cost money. It can also be stressful.

Last reviewed by Scope on: 19/09/2019

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