What Is the Limitation Period for Failure to Make Reasonable Adjustments Claims?

A failure to make reasonable adjustments claim arises under the Equality Act 2010 where an employer, service provider, or other duty holder does not take reasonable steps to remove or reduce disadvantages faced by a disabled person. In employment law, these claims commonly relate to workplace barriers such as inaccessible working arrangements, lack of flexible adjustments, or failure to adapt duties or equipment.

In England and Wales, claims for failure to make reasonable adjustments are brought in the Employment Tribunal and are subject to strict limitation rules. These time limits determine whether a claim can proceed, and missing them will usually prevent the case from being heard.

Legal Basis for Reasonable Adjustments Claims

The duty to make reasonable adjustments arises under:

• Equality Act 2010, sections 20 and 21

Employers are required to take reasonable steps where a disabled employee or job applicant is placed at a substantial disadvantage compared to non-disabled individuals. This may include:

• Adjusting working hours or patterns
• Providing specialist equipment or software
• Changing workplace policies or procedures
• Reallocating duties
• Allowing remote or hybrid working where appropriate

A failure to comply with this duty constitutes unlawful discrimination.

General Limitation Period in the Employment Tribunal

Standard time limit: 3 months less one day

The limitation period for failure to make reasonable adjustments claims is:

• 3 months less one day from the date of the discriminatory act

This applies to all Equality Act claims, including:

• Disability discrimination
• Failure to make reasonable adjustments
• Harassment related to disability
• Victimisation

The time limit is strictly enforced, although tribunals have limited discretion to extend it in certain circumstances.

When the Time Limit Starts

Determining the correct start date is often the most complex part of a reasonable adjustments claim.

Single act

If the failure relates to a specific decision or refusal:

• Time runs from the date the employer failed or refused to make the adjustment

Example:

• Refusal to provide ergonomic equipment on a specific date

Ongoing failure

If the employer continues not to act:

• The failure may be treated as a continuing act
• Time may run from the last day the failure continues

Example:

• An employee repeatedly requests flexible hours, and the employer consistently refuses

One-off policy decision

Where a workplace policy causes disadvantage:

• Time may run from when the policy was applied to the claimant

Continuing Acts and Reasonable Adjustments

Reasonable adjustment claims frequently involve ongoing workplace conditions. Tribunals may treat these as:

• A continuing omission, or
• A series of related failures

Where a continuing act is established:

• The limitation period runs from the last date the failure continued

Where not established:

• Each failure is treated separately with its own limitation period

This distinction is particularly important in long-running disputes involving health conditions or workplace accessibility issues.

ACAS Early Conciliation and Time Limits

Before issuing a claim, an individual must contact ACAS Early Conciliation.

This affects limitation periods as follows:

• The limitation clock is paused when ACAS is notified (if still in time)
• The pause continues during conciliation
• Time resumes once the ACAS certificate is issued

If limitation would expire during conciliation, additional time is added after the certificate is issued.

Tribunal Discretion to Extend Time

For reasonable adjustments claims, tribunals have discretion to extend time where it is:

• Just and equitable to do so

This is a flexible test and allows tribunals to consider fairness in all circumstances.

Factors considered include:

• Length of delay
• Reasons for delay
• Whether the claimant understood their legal rights
• Whether the employer would suffer prejudice
• Availability of evidence
• Whether the issue is ongoing

Despite this discretion, late claims are not automatically accepted and must still justify the delay.

Comparison With Other Discrimination Claims

Failure to make reasonable adjustments is treated in the same category as other Equality Act claims:

• Direct discrimination
• Harassment
• Victimisation
• Disability discrimination

All share the same core limitation period:

• 3 months less one day

However, reasonable adjustments claims are more likely to involve:

• Continuing act arguments
• Long-term workplace conditions
• Repeated failures over time

This often affects how tribunals assess limitation issues.

Common Limitation Issues in Reasonable Adjustments Cases

1. Identifying the correct trigger date

The limitation clock may start at refusal, implementation of a policy, or ongoing failure.

2. Delay due to medical conditions

Health conditions may affect awareness or ability to bring a claim on time.

3. Internal grievance procedures

Ongoing workplace complaints do not usually pause limitation periods.

4. Misclassification of continuing failure

Not every ongoing disadvantage qualifies as a continuing act.

5. Overlapping discrimination claims

Reasonable adjustments claims are often linked with broader disability discrimination allegations.

Practical Consequences of Missing the Deadline

If a claim is out of time:

• The Employment Tribunal will usually reject it
• The claim may be struck out without a hearing
• Only limited discretion exists to extend time
• Evidence of earlier failures may no longer be usable

Because reasonable adjustments claims often involve long-term issues, timing disputes are common and can be decisive.

Key Takeaways

The limitation period for failure to make reasonable adjustments claims in England and Wales is:

• 3 months less one day from the date of the act or omission
• Extended by ACAS Early Conciliation where applicable
• Potentially extended where it is just and equitable
• Potentially extended where there is a continuing act or ongoing failure

Correctly identifying the start date and understanding whether the failure is continuing are central to determining whether a claim can proceed.