This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn what reasonable adjustments in tribunal proceedings are, how they operate under UK law, how to request them and how tribunals consider these requests to ensure fair access for disabled participants. Comprehensive guidance for tribunal users in England and Wales.
In the legal system of England and Wales, tribunals play a central role in resolving a wide range of disputes, including employment, disability discrimination, immigration, tax, social security and many others. The concept of reasonable adjustments is fundamental to ensuring that people with disabilities or long‑term health conditions can participate fully and fairly in tribunal proceedings.
A reasonable adjustment is any change or support put in place to remove barriers that a person with a disability might face when accessing justice. The aim is to ensure equal access to the tribunal process, so that disability‑related disadvantage does not prevent a person from effectively presenting their case or understanding proceedings. This article explains what reasonable adjustments are, the legal framework that underpins them, how they apply in tribunal proceedings, and practical steps for requesting and implementing them.
The Legal Basis for Reasonable Adjustments
Equality Act 2010
The primary legal foundation for reasonable adjustments in the UK is the Equality Act 2010. The Act defines disability as a physical or mental impairment that has a substantial and long‑term adverse effect on the person's ability to carry out normal day‑to‑day activities. If a standard practice, requirement, or feature of a service places a disabled person at a substantial disadvantage compared to others, the service provider must consider changes that would remove or reduce that disadvantage.
Under the Equality Act, tribunals - like other public service providers - are expected to adjust how they operate to achieve equal access for disabled users. The duty to make reasonable adjustments arises where:
- the tribunal's usual procedures place a disabled person at a substantial disadvantage;
- the adjustment would be reasonable in all the circumstances.
Common Law Duty of Fairness
There has been judicial clarification that the specific statutory duty under section 20 of the Equality Act does not automatically apply to judicial decision‑making functions. However, courts and tribunals are under a common law duty to act fairly. This duty requires them to consider adjustments necessary to prevent disability‑related disadvantage impacting the fairness of a hearing.
What Are Reasonable Adjustments in Tribunal Proceedings?
Reasonable adjustments are changes to normal practice or procedure that help a disabled person participate fairly in the tribunal process. They are tailored to the individual's needs and can include both procedural and practical changes.
Examples of Potential Adjustments
Reasonable adjustments may include:
- Alternative formats for documents: large print, Braille or electronic formats for people with visual impairments.
- Communication support: British Sign Language (BSL) interpreters or hearing enhancement equipment.
- Adjustments to hearing procedures: additional breaks during hearings, extended time to present evidence, or modified questioning procedures.
- Location and access considerations: wheelchair‑accessible hearing rooms, or remote participation where appropriate.
- Support personnel: allowing advocates, carers or support workers to assist a disabled party in hearings.
Adjustments are fact‑specific: each request should be considered on its own merits, focusing on whether it addresses the disability‑related disadvantage effectively and reasonably. The tribunal must weigh various factors including practicality, cost, resources and disruption in determining reasonableness.
How to Request Reasonable Adjustments
Timing and Method of Request
Parties involved in tribunal proceedings should request reasonable adjustments as early as possible once they identify a need. Requests can typically be made:
- in writing when filing claims or responses;
- by telephone;
- in person, at early case management stages.
Provide clear detail of the disability, how it affects participation in proceedings, and what specific adjustments are being sought. Providing medical reports or supporting evidence will assist the tribunal in understanding the need for adjustments.
Tribunal Consideration and Decisions
Once a request is made, the tribunal will:
- Assess the disadvantage: identify how the disability affects participation in proceedings.
- Evaluate the adjustment: consider whether the adjustment would alleviate the disadvantage.
- Consider reasonableness: take account of practicality, cost, procedural impact and availability of alternatives.
- Decide and communicate: confirm in writing whether adjustments will be made and what they will involve.
The tribunal may handle reasonable adjustment applications in writing or at a preliminary hearing, depending on the circumstances and complexity.
Common Situations where Adjustments Arise
Employment Tribunals
In employment tribunals, reasonable adjustments might include extra time for a disabled claimant to prepare submissions, provision of a sign language interpreter, or changes to the way evidence is taken. Parties should make adjustment requests early in the case management phase to ensure timely implementation.
Civil and Administrative Tribunals
Other tribunals such as tax, immigration, social security or mental health tribunals may offer adjustments tailored to the individual's needs, for example, breaks to aid concentration, or written summaries of oral evidence. The guiding principles are the same: ensuring fair and effective participation.
What Happens if Adjustments Are Not Made?
If reasonable adjustments are not provided and a disabled participant suffers disadvantage as a result, this can raise serious fairness concerns. In employment contexts, failure to make reasonable adjustments can be a form of disability discrimination under the Equality Act 2010, potentially giving rise to claims in an employment tribunal against employers.
In the context of tribunal procedure itself, participants who believe that inadequate adjustments have affected the fairness of a hearing can raise the issue with the tribunal. Early engagement and documentation of adjustment requests help establish whether the tribunal has fulfilled its duty to accommodate disability‑related needs.
Practical Steps for Parties
- Identify needs early: assess how a disability affects engagement with tribunal procedures.
- Provide clear requests: detail the adjustments sought and why they are necessary.
- Support with evidence: include medical or professional reports where appropriate.
- Engage in dialogue: respond promptly to tribunal queries about adjustment requests.
- Prepare for flexibility: be open to alternative adjustments if the initial request is not practicable.
Conclusion
Reasonable adjustments in tribunal proceedings are essential for ensuring disabled persons are not unfairly disadvantaged in accessing justice. These adjustments, grounded in the Equality Act 2010 and the common law duty of fairness, require tribunals to adapt procedures and practices in response to individual needs. Requesting adjustments early, providing clear information, and engaging constructively with the tribunal process are key to securing necessary support and ensuring effective participation in tribunal hearings.
