Key Takeaways
- You can submit an ET1 failure to make reasonable adjustments claim if your employer has not met their legal duty under the Equality Act 2010.
- Failing to provide reasonable adjustments often leads to disputes, tribunal claims, and significant compensation awards against employers.
- You must clearly describe the provision, criterion, or practice (PCP) that places you at a disadvantage in your ET1 reasonable adjustments claim.
- Gathering robust medical evidence and occupational health reports is crucial for a strong ET1 claim.
- There is a strict three-month time limit to submit your ET1 employment tribunal for reasonable adjustments from the date of the alleged failure.
- Omitting key legal requirements in your ET1 form could result in delay or rejection by the tribunal.
- Reasonable adjustments can include flexible hours, specialist equipment, or changes to workplace policies.
- Go-Legal AI provides expert-drafted templates, step-by-step guides, and affordable tools to help you complete your ET1 and submit a strong reasonable adjustments claim.
- Go-Legal AI is rated Excellent on Trustpilot with over 170 five-star reviews.
- Leading employers and individuals trust Go-Legal AI for accurate, reliable UK legal solutions and support.
How Do You Make a Strong ET1 Claim for Failure to Make Reasonable Adjustments?
Struggling at work because your employer failed to help with adjustments for your disability? Many people find the ET1 application process overwhelming, especially when stating a claim for failure to make reasonable adjustments under the Equality Act 2010. One missed detail can mean lost rights or lost compensation.
This practical guide uncovers how to fill out and strengthen your ET1 form for reasonable adjustments, step by step. Learn exactly what evidence is needed, how to describe your PCP (provision, criterion, or practice), and avoid common errors that can undermine your employment tribunal reasonable adjustments claim. With real-world examples, actionable checklists, and tailor-made templates, you can secure your legal rights and give your claim the best chance of success.
What Is an ET1 Failure to Make Reasonable Adjustments Claim?
An ET1 failure to make reasonable adjustments claim is a formal complaint to an employment tribunal in England or Wales. It’s the process for holding your employer accountable if they ignore their duty under the Equality Act 2010 to support disabled employees or job applicants.
The duty to make reasonable adjustments means that employers must take steps to remove substantial workplace barriers for disabled staff and candidates, preventing unfair disadvantage compared to non-disabled people. If your employer refuses to change working hours, provide special equipment, or adapt workplace policies after learning about your disability, you can pursue an ET1 claim for failure to make reasonable adjustments.
A marketing consultant with chronic fatigue syndrome was denied flexible working hours to manage symptoms. The employer suggested using annual leave to recover, rather than making adjustments. She protected her rights by initiating an ET1 reasonable adjustments claim.
Submitting an ET1 not only signals disadvantage but also puts the employer’s compliance with equality law under scrutiny.
Who Is Protected Under the Equality Act 2010 and What Counts as a Reasonable Adjustment?
The Equality Act 2010 (section 6) protects any person with a physical or mental impairment that has a substantial, long-term adverse effect on their ability to carry out normal day-to-day activities. This applies to employees, job applicants, contractors, freelancers, and many workers in England and Wales.
A reasonable adjustment is any change to remove barriers for disabled people, such as adaptations to equipment, flexible working, changes to performance targets, or adjustments to workplace policies. For an employer, these changes must prevent a substantial disadvantage compared with others in the workplace.
A graphic designer with hearing loss asked her employer to provide captioning software and conduct meetings in smaller rooms. Her request was ignored, resulting in missed information and isolation at work.
To qualify for a claim, you must:
- Meet the legal definition of “disabled” under the Equality Act 2010.
- Identify a PCP, physical feature, or lack of auxiliary aid that places you at a disadvantage.
- Show the employer failed to take (or even consider) reasonable steps to remove that disadvantage.
What Are Employers’ Legal Duties Regarding Reasonable Adjustments?
Under section 20 of the Equality Act 2010, employers in England and Wales must take positive, timely steps to remove or reduce substantial disadvantages for disabled workers or applicants. These proactive legal duties apply from the moment an employer becomes aware (or should reasonably be aware) of a disability or the need for support.
Employers must address barriers linked to:
- Provisions, criteria, or practices (PCPs), such as standard working hours, rigid dress codes, or recruitment tests.
- Physical features of the workplace (layouts, facilities, accessibility).
- Lack of supportive aids and services (e.g., specialist software, interpreters).
What counts as a “reasonable” adjustment depends on:
- The size and financial resources of the employer.
- How effective the adjustment would be at removing the disadvantage.
- Whether the change is practical and affordable.
A small design agency may not be expected to install a lift, while a national retailer with multiple sites may have the resources to adapt premises and equipment.
If your employer refuses or ignores your request without reasonable grounds, you may have strong grounds for a failure to make reasonable adjustments tribunal claim.
When Can I Bring an ET1 Claim for Failure to Make Reasonable Adjustments?
You can bring a claim if your employer fails to make proper adjustments once notified of your needs, or if it’s clear they should reasonably have noticed them. To proceed:
- Request: You have formally asked for adjustments or your employer was otherwise made aware of your needs.
- Time Limit: You must submit the ET1 form within three months (less one day) of the last act of discrimination, such as the refusal or omission.
- ACAS Early Conciliation: Before submitting the ET1, notify ACAS and consider early conciliation—a free process to resolve disputes before a hearing.
- Internal Steps: Generally, it’s wise to raise a grievance or seek mediation before progressing to tribunal, though this is not an absolute requirement.
Extensions to this time limit are rare and only allowed if it was genuinely not practicable to submit in time—such as in cases of hospitalisation.
After being denied remote working which would have helped him manage his epilepsy, a web developer submitted a grievance. When there was no response, he used ACAS conciliation and filed his ET1 within three months of his employer’s final refusal.
Missing the deadline almost always leads to your ET1 reasonable adjustments claim being dismissed, regardless of its merits.
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Step-by-Step: How to Complete Your ET1 Reasonable Adjustments Claim (With Practical Examples)
Your ET1 form is the foundation of your claim. Every detail matters. Here’s how to complete each section effectively:
- Sections 1–3: Your Details and Respondent
- Enter your full name, home address, and employer’s legal name and address, exactly as on your contract or payslip.
- Section 6: Claim Type
- Select “Disability Discrimination.”
- Clearly state: “Failure to make reasonable adjustments under the Equality Act 2010.”
- Section 8: Statement of Claim
- Explicitly set out:
- Your disability (diagnosis, daily impact, and duration).
- The precise PCP or workplace rule causing the problem.
- The adjustments you requested, and why they would help.
- The employer’s response (refusal, delay, or no reply).
- The real disadvantage endured (worsening symptoms, inability to do part of your job, etc.).
📘 For Example:
Jamie, an administrative assistant at “SecureManage Ltd,” asked for voice recognition software for her severe arthritis. Despite three written requests, the employer ignored her, causing increased sick leave and loss of productivity. She used this evidence in her ET1 claim.-
📘 Sample Statement:
“I am diagnosed with multiple sclerosis, affecting my ability to climb stairs. I requested a ground-floor workstation as an adjustment. My employer failed to take any action, resulting in repeated absences due to pain and fatigue.”
- Explicitly set out:
- Section 10: Remedy Sought
- Specify what you want: for example, compensation for injury to feelings, remedial steps, or a recommendation that the employer reviews its practices.
- Attachments
- List and attach every piece of evidence: medical reports, adjustment request emails, ACAS certificate, witness statements.
Our guided template builder can streamline this process, ensuring you don’t miss out on vital claim sections.
What Evidence Should I Gather for My ET1 Failure to Make Reasonable Adjustments Application?
Tribunals favour well-organised, objective evidence that supports every aspect of your case. A strong claim should include:
- Medical evidence: clear diagnosis and explanation of how your condition affects work.
- Occupational health reports: professional recommendations for adjustments and their likely impact.
- Written requests: emails, letters, or formal communications to your employer.
- Employer’s written responses or meeting notes.
- Diary/log of how the lack of adjustment affected your performance, health, or attendance.
- Witness statements (colleagues, union reps, support workers who observed the barriers).
- “Access to Work” guidance or reports (if relevant).
- Extracts of workplace policies on adjustments, if you believe they were not properly followed.
A customer service assistant on the autism spectrum submitted medical documentation, a “reasonable adjustments passport” from Access to Work, and emails showing repeated adjustment requests. She won her claim when the employer failed to address her clear needs.
Key Sections and Clauses to Include in Your ET1 Form for Reasonable Adjustments
Correctly drafted ET1 sections and clauses will give your reasonable adjustments claim a solid foundation. Get clear about what each section should explain:
| Section/Clause | What It Means | Why It’s Important |
|---|---|---|
| PCP (Provision, Criterion or Practice) | The rule, policy, or practice placing you at a disadvantage | Tribunals need to see a concrete workplace barrier |
| Disability and Impact | Your diagnosis and how the PCP disadvantages you | Shows legal protection and causation |
| Requested Adjustments | What changes you asked for + rationale | Proves you gave the employer an opportunity to act |
| Employer’s Response | What your employer said or did (include inaction) | Provides context for the alleged failure |
| Evidence Section | Attachments proving the facts (e.g. medical letters, emails) | Supports your claim and proves eligibility |
| Remedies Sought | What you want the tribunal to order | Helps the panel assign fair outcomes, including recommendations |
Common Mistakes That Could Jeopardise Your ET1 Reasonable Adjustments Tribunal Claim
Ensure your claim isn’t weakened by avoidable errors. The most common pitfalls include:
- Missing the deadline:
- Submissions after three months (less one day) are rarely accepted.
-
📘 For Example:
An IT engineer delayed filing due to hoping HR would resolve the issue, only to have the tribunal reject his claim as out of time.
- Not specifying the adjustment or PCP:
- Omitting clear explanation of the workplace policy or the adjustment needed leaves your argument unproven.
-
💡 Legal Tip: Always use phrases like “The hot-desking policy placed me at a disadvantage because…”
- Failing to provide medical or occupational health evidence:
- Without objective proof of your disability and need for adjustment, the claim is likely to fail.
- Poor remedy section:
- If the form simply says “compensation,” tribunals may not award further practical recommendations.
- Skipping internal or ACAS steps:
- Failing to attempt internal resolution can backfire later, weakening credibility and harming settlement prospects.
A finance assistant failed to link her diabetes to the strict “no-snacking at desks” policy. Her claim failed, despite having medical evidence, because she hadn’t defined the PCP.
Our ET1 Pre-Submission Checker spots these and other common errors before you file.
Timeline: What Happens After Submitting an ET1 Failure to Make Reasonable Adjustments Claim?
- Tribunal Acknowledgement:
- The tribunal acknowledges receipt and checks the ET1 for completeness (usually within 1–2 weeks).
- Employer’s ET3 Response:
- Your employer has up to 28 days to reply via their ET3 form.
- Case Management:
- A preliminary hearing may clarify the key issues or request further evidence.
- Settlement or Mediation:
- ACAS may continue to mediate. Many disputes are settled at this stage.
- Main Hearing:
- Both parties present their evidence and witnesses to the tribunal.
- Decision and Remedies:
- After the main hearing, the tribunal issues a written judgment. If successful, you may receive compensation and/or recommendations for workplace changes.
Typical Timescales
- Acknowledgement: within 1–2 weeks.
- ET3 response: 28 days from service.
- Hearing: typically 4–12 months from claim submission.
- Decision: issued shortly after the hearing.
Realistic Compensation and Outcomes in Failure to Make Reasonable Adjustments Cases
Compensation ranges for successful ET1 failure to make reasonable adjustments claims reflect the scale of harm suffered:
| Year & Job Role | Adjustment Refused | Award Amount | Summary Example |
|---|---|---|---|
| 2023: Office Administrator | Flexible hours for chemo | £12,000 | Employer refused changed shifts after written request; distress worsened |
| 2022: Call Centre Worker | Ergonomic desk equipment | £8,000 | No provision led to back pain and repeated absences |
| 2021: Field Engineer | Home-based working request | £25,000 | Disabled worker denied remote work after surgery |
Awards usually cover:
- Injury to feelings (taking into account the severity of disadvantage and employer’s conduct).
- Lost salary or benefits (where you dropped pay or had to leave your job).
- Recommendations to implement new practices or workplace adjustments.
Most successful awards range from £5,000 to £30,000. High-value cases typically involve repeated failures or very serious impacts.
A logistics manager with Crohn’s disease asked to work flexible hours to manage flare-ups. The employer ignored the requests, leading the tribunal to award £18,000 for lost wages and injury to feelings.
Estimate your compensation risk-free with our interactive ET1 compensation calculator.
How Go-Legal AI Simplifies ET1 Failure to Make Reasonable Adjustments Claims
Go-Legal AI transforms the process of submitting a successful ET1 failure to make reasonable adjustments claim. Our tools are designed for non-lawyers and professionals alike, including:
- Pre-drafted ET1 templates: With sample statements and real-world examples, ready to customise for your situation.
- Automated section checklists: Improve compliance, highlight missing evidence, and provide clear prompts.
- AI-powered review tools: Upload your draft claim, adjustment letters, or medical evidence and get instant feedback.
- Step-by-step submission guide: Avoid tribunal errors and delays with an intuitive workflow built by legal experts.
- Printable grievance templates: Prepared by UK legal specialists for formal workplace steps.
- Compensation estimator: Calculate likely tribunal awards based on your situation.
- Clear, jargon-free knowledge base: Guides you through every step, from first request to final hearing.
Using these features doesn’t just save time—it cuts the risk of losing compensation due to technicalities or missed evidence. Take control and prepare your claim with professional precision and confidence.
Frequently Asked Questions
Do I need to raise a grievance before submitting an ET1 for reasonable adjustments?
It’s not legally required but is highly recommended. Raising a grievance proves you gave your employer a fair opportunity to fix the issue and strengthens your claim at tribunal.
How long do I have to submit an ET1 for disability discrimination and failure to make adjustments?
You must submit the ET1 within three months less one day of the act of discrimination or the most recent related incident.
What is a “substantial disadvantage” for a reasonable adjustments claim?
A substantial disadvantage is anything more than minor or trivial. Common examples include regular pain, frequent absences, isolation from team activities, or inability to perform your main job duties.
Can I use Go-Legal AI to draft or review my ET1 before submitting it?
Absolutely. Our platform provides templates, automated review, and feedback tools to ensure your form is complete, accurate, and compelling.
What if my employer says adjustments were not “reasonable”?
The tribunal will decide using factors such as cost, effectiveness, size of the employer, and available resources. The employer’s defence is weaker if a practical, affordable adjustment could be made.
How much compensation can I expect if my ET1 claim succeeds?
Typical awards range from £5,000 to £30,000, depending on the impact on your health, your finances, and your employer’s actions.
Do I have to pay a fee for submitting an ET1 reasonable adjustments claim?
No, there are no government fees to submit an ET1 claim to the employment tribunal.
Do I need to notify ACAS for early conciliation before submitting my claim?
Yes. Notify ACAS and consider early conciliation before lodging your tribunal claim—this is a legal requirement for nearly all employment claims.
What examples of reasonable adjustments strengthen an application?
Good examples include flexible hours, ergonomic desks, adapted software, remote working, regular breaks, and tailored performance targets.
How detailed should my ET1 evidence be for reasonable adjustments?
Provide detail and clarity: state your condition, what adjustment was needed, when you asked, and what response you received. Attach dated emails, letters, and supporting reports whenever possible.
Create Your ET1 Failure to Make Reasonable Adjustments Claim with Go-Legal AI
Taking action quickly and using the right tools will significantly improve your chance of success with an ET1 failure to make reasonable adjustments claim. Our guided templates, automated evidence checklists, and pre-submission review tools are built for individuals and businesses who want clarity, control, and a fair result.
Start today and use our ET1 claim builder to guide you, step-by-step, towards a robust, compliant application grounded in plain English and backed by up-to-date UK legal standards.
Submit a Strong ET1 Failure to Make Reasonable Adjustments Claim with Go-Legal AI
Successfully navigating an ET1 failure to make reasonable adjustments claim requires detailed evidence, careful drafting, and an understanding of your rights under UK law. Missing key sections or deadlines could jeopardise your claim and leave you without compensation or protection. This guide has shown how to identify your legal rights, define relevant workplace barriers, and structure a compliant, credible ET1 form.
With our expert-designed tools, including templates, automated evidence checkers, compensation calculators, and guided workflows, you can draft and submit your ET1 claim with confidence. Take action now—prepare your claim with our AI-powered document builders and ensure every detail is addressed. Securing your workplace rights should be simple, affordable, and stress-free.
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Create documents, follow step-by-step guides, and get instant support — all in one simple platform.
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