Last updated on September 13, 2025

KC – Kieron’s Counsel (SATIRE)

Rights Are Not Favours: Why Section 20 Makes “Reasonable Adjustments” a Duty

When organisations treat legal rights as optional courtesies, they don’t just miss the point — they undermine equality before the law. Here’s why that matters, and what to do about it.

A right withheld is no right at all, it is a favour. And favours can be withdrawn. Rights, by definition, cannot. The moment an organisation treats rights as favours, it abandons law and slides into arbitrary power. That is not equality before the law — it is preference, and preference has no place in justice. Section 20 of the Equality Act 2010 establishes: reasonable adjustments for disabled people are duties, not optional courtesies.

The Legal Core: Equality Act 2010, Section 20

Section 20 imposes a duty on service providers and public authorities to make reasonable adjustments for disabled people. It is not discretionary; it is a continuing, proactive duty.

What “duty” means in practice

Anticipatory: Plan for inclusion by default, don’t wait for a complaint.
Proportionate: Reasonable relative to resources and impact — “inconvenient” isn’t a defence.
Recorded: Decisions should be evidenced, not based on vibes about “tone” or “volume.”

Branding a disabled person’s rights assertion as “excessive” without evidence risks victimisation or discrimination. Fair process relies on clarity and completeness, not arbitrary thresholds.

Favours vs Duties

Favours are optional and retractable.
Duties are legal obligations. Compliance is not a kindness; it’s the law.

Warning: Framing statutory adjustments as “courtesies” signals a culture problem. Tribunals notice that framing.

“Excessive” Isn’t a Legal Standard

There is no test called excessive communication. Parties shouldn’t withhold relevant evidence to avoid accusations of volume. Accuracy often requires detail.

Or, to borrow from the lecture hall: you didn’t call the reading list “excessive” — because thoroughness is how you reach the truth.

Checklist for Organisations

Train staff on EqA 2010 s.20 and your policy framework.
Assess requests by need and proportionality, not tone.
Document what was requested, considered, and decided — with reasons.
Fix broken accessibility/policy links before publishing.
Avoid victimisation: don’t penalise people for asserting rights.

Checklist for Advocates & Service Users

Cite the duty (EqA 2010, s.20) and state the specific adjustment needed.
Explain the barrier and how the adjustment removes it.
Keep a record (dates, screenshots, decisions). Evidence beats adjectives.
Be persistent, not duplicative. Focused detail ≠ excess.
Escalate methodically via published routes and regulators when needed.

Note: This article is general information, not legal advice. For case-specific advice, consult a qualified solicitor or the appropriate regulator. Source: Equality Act 2010, Section 20.