(1)A failure to comply with the first, second or third requirement is a failure to comply with a duty to make reasonable adjustments.
(2)A discriminates against a disabled person if A fails to comply with that duty in relation to that person.
(3)A provision of an applicable Schedule which imposes a duty to comply with the first, second or third requirement applies only for the purpose of establishing whether A has contravened this Act by virtue of subsection (2); a failure to comply is, accordingly, not actionable by virtue of another provision of this Act or otherwise.
Cases considering section 21 101
[2025] EWCA Civ 1457 · 14 November 2025Defines
Section 21 is treated as defining failure to comply with the statutory reasonable-adjustments duty, but it does not identify who owes that duty. The statutory duty is not the operative source of the obligation in judicial proceedings because judicial functions are excluded elsewhere in the Act (see paras [14]-[18]).
[2024] EWCA Civ 191 · 4 March 2024Defines
The court applied the provision concerning breach of the reasonable-adjustments duty and upheld dismissal of that claim. (see paras [11], [46]-[48], [89])
The court recorded that failure to comply with a reasonable-adjustments requirement constitutes a breach of the duty. (see para [11])
The court recorded that failure to comply with the duty constitutes discrimination against the disabled person. (see para [11])
[2019] EWCA Civ 1239 · 16 July 2019
Failure to comply with the reasonable-adjustment duty constituted discrimination against each appellant (see paras [78]; [133]-[146]; [244]-[246]).
81 more judgments, and what each says about section 21, are in the
case-law panel in the full Act.
87.This section has the effect that a failure to comply with any one of the reasonable adjustment requirements amounts to discrimination against a disabled person to whom the duty is owed. It also provides that, apart from under this Act, no other action can be taken for failure to comply with the duty.
88.This section replaces similar provisions in the Disability Discrimination Act 1995.