Can my employer refuse reasonable adjustments?
Yes - an employer can legally refuse a request for a reasonable adjustment. But only in limited circumstances, and only if they can demonstrate why.
The Equality Act 2010 does not define "reasonable." That word does a lot of work. In practice, it means the duty is not absolute - but the bar for refusal is higher than most employers assume, and the onus is on them to justify it.
What "reasonable" means in law
Whether an adjustment is reasonable depends on several factors, which employment tribunals weigh together:
- The cost of the adjustment - the more expensive it is, the more scrutiny it receives. Small adjustments that cost nothing are almost always required.
- The size and resources of the employer - a large organisation with significant HR and budget is held to a higher standard than a small business.
- Whether the adjustment would be effective - whether it would genuinely remove or reduce the disadvantage you face.
- The practicability - how disruptive the change would be to the employer's operations.
- The impact on other staff - rarely a decisive factor, but sometimes relevant.
No single factor is decisive. A very expensive adjustment might still be required from a large employer. A low-cost adjustment might be refused if it genuinely would not help.
What employers cannot do
An employer cannot:
- Refuse without properly considering the request
- Refuse based on inconvenience rather than genuine disproportionality
- Refuse without discussing your needs with you
- Claim they did not know about your condition if you told them (or if they should reasonably have known)
- Apply a blanket policy of not making adjustments
"It would be disruptive" is not enough. "We have never done this before" is not enough. "Other people manage without it" is not enough.
What to do if your request is refused
1. Ask for the reason in writing
Request that your employer confirm the refusal and their reasons in writing. This creates a record and forces them to articulate why they are declining.
2. Assess the reason
Is their reason legally sound? Consider:
- Is the cost genuinely disproportionate for an organisation of their size?
- Did they actually consult you and explore alternatives?
- Did they consider whether Access to Work funding could reduce the cost to them? (See: Access to Work Explained)
3. Propose an alternative
Sometimes a modified version of the adjustment addresses the employer's concern. If they refuse a dedicated quiet workspace, would noise-cancelling headphones help? If they refuse a full flexible hours arrangement, would adjusted start and end times work?
4. Raise a formal grievance
If you believe the refusal is unlawful, raise a formal grievance in writing and follow your employer's grievance procedure. Keep copies of everything.
5. Contact ACAS
ACAS offers a free early conciliation service. Before making a claim to an employment tribunal, you must notify ACAS first. They will attempt to resolve the dispute without a hearing.
6. Employment tribunal
If early conciliation does not resolve matters, you can bring a claim for failure to make reasonable adjustments. The time limit is strict: three months minus one day from the date of the act you are complaining about - usually the date of the refusal, or the date the adjustment should have been in place.
A note on timing
The three-month time limit is easy to miss when an internal dispute drags on. A grievance process does not pause the tribunal clock. Contact ACAS sooner rather than later if you think the matter may escalate.
Further reading
- ACAS - early conciliation service and guidance on disability discrimination
- Equality and Human Rights Commission (EHRC) - Employment statutory code of practice
- GOV.UK - employment tribunal claims process
- Our full guide: Reasonable adjustments at work in the UK: what you can ask for (and how)
- Workplace adjustments: what UK law says you can ask for
If your employer has refused reasonable adjustments and you are considering your options, browse neurodivergent-friendly employers on the Neuro Hire Network - employers who have committed to inclusive working practices.
