Reasonable Accommodations at Work: What They Actually Are (and What They’re Not)

Most people hear "reasonable accommodations" and picture wheelchair ramps and designated parking spaces. Those matter. But if you're sitting at your desk right now, masking your way through another open-plan day, wondering why everything feels ten times harder than it should, this conversation is for you too.

There's a massive gap between what the law actually says and what most employees think they're entitled to. There are rights you probably don't know you have, protections that kick in earlier than you'd expect, and accommodations that cost nothing but could change your entire working life.

Let's close that gap.

MYTH ONE: Scope is limited

This might be the most damaging misconception of all. Under Irish law, the Employment Equality Acts 1998-2015 define "disability" to include physical, intellectual, mental, and emotional conditions. That's not a grey area. It's written into the legislation.

ADHD? Covered. Autism? Covered. Anxiety, depression, bipolar disorder, sensory processing differences? All potentially covered. The Irish Human Rights and Equality Commission has confirmed this in its published guidance.

In the UK, the Equality Act 2010 paints a similar picture. ADHD and autism are recognised as meeting the threshold for disability protection where they have a substantial and long-term adverse effect on day-to-day activities. ACAS guidance explicitly states that a worker does not need a formal diagnosis to be considered disabled under the Act.

If your brain works differently and that creates barriers at work, you're not being dramatic. You're describing a situation the law was designed to address.

This one keeps people stuck for years. Adult ADHD and autism assessment waiting lists in Ireland can stretch well beyond two years. NHS waiting times in the UK are no better.But under both Irish and UK law, a formal diagnosis is not a prerequisite for requesting support. ACAS is clear that employers should provide support whether or not the worker has a diagnosis.

In Ireland, Section 16 of the Employment Equality Acts focuses on the employer's duty to take "appropriate measures" to enable the employee to do their job. Nowhere does it say "but only after they produce a diagnosis."Does having a diagnosis help? Often, yes.

A letter from a GP, psychologist, or psychiatrist gives weight to a request and helps the employer understand what they're working with. But the absence of a diagnosis doesn't mean the absence of a right. If you're struggling, you're allowed to say so.

For most people, it's a conversation. That's it.

You talk to your manager or HR. You explain what's making your work harder than it needs to be. You suggest some changes. In most cases, that's enough. No tribunal. No formal complaint. Just a straightforward chat about what would help.

The legal framework exists as a backstop, not a starting point. Section 16 of the Employment Equality Acts places a positive duty on employers to provide "appropriate measures." The landmark Supreme Court case Nano Nagle School v Daly (2019) went further, clarifying that employers must consider redistributing any tasks or duties, not just peripheral ones, provided it doesn't create a disproportionate burden.

Most employers won't fight you on a request for noise-cancelling headphones or a quieter desk. The law is there for when they do.

They don't. And it's worth being upfront about that.

The test under Irish law is whether the accommodation would impose a "disproportionate burden" on the employer. That assessment takes into account the cost, the size of the business, and whether public funding might help. The Reasonable Accommodation Fund, administered by the Department of Social Protection, exists specifically for this purpose.

The Supreme Court in Nano Nagle put it plainly: the duty is not "infinite, or at large." An employer isn't required to create an entirely new role for you. But they are required to seriously consider what adjustments could work. And the evidence consistently shows that most workplace accommodations cost nothing. They involve simple changes to how tasks are structured, how communication happens, or how the physical environment is set up.

In the UK, the equivalent term is "reasonable adjustments," and the principle is the same. For most of what neurodivergent employees actually need, the cost to the employer is negligible.

This is the one that lives rent-free in people's heads. The guilt. The nagging sense that needing support means being less capable than the person at the next desk.It doesn't. Accommodations don't give you an unfair advantage. They remove a barrier that exists for you but not for your colleagues.

The Labour Court in Ireland has put it clearly: the purpose is to place a person with a disability in a position where they can participate in employment on an equal footing.If everyone else can focus with background noise and you can't, a quiet workspace isn't a perk. It's what allows you to do the job you were hired to do. That's not special treatment. That's the playing field being levelled.

NEXT MYTH: "Asking Will Get You Managed Out"

This fear isn't irrational. Some employers do react badly. The anxiety around disclosure is real and it would be dishonest to pretend otherwise.

But here's what the law says: penalising someone, formally or informally, for requesting reasonable accommodations is discrimination. In Ireland, complaints can be brought to the Workplace Relations Commission. The Equality (Miscellaneous Provisions) Bill 2024, currently progressing through the Oireachtas, proposes extending the filing deadline for such complaints from six months to twelve.

In the UK, failure to provide reasonable adjustments is a specific category of disability discrimination under the Equality Act 2010. If the failure makes your position untenable, constructive dismissal claims can follow.

None of this erases the fear. But knowing your rights makes it easier to have the conversation from a position of informed confidence rather than anxious guesswork.

WHAT YOU CAN ACTUALLY ASK FOR

This isn't an exhaustive list, but it covers the kinds of accommodations that neurodivergent employees commonly find useful:

Flexible working hours or adjusted start and finish times. Your most productive window might not be 9 to 5.

A quieter workspace, or permission to work from home on days that require deep focus.

Noise-cancelling headphones or ear defenders.

Written instructions instead of purely verbal ones.

Adjusted lighting. Fluorescent strip lights are a sensory nightmare for a lot of people.

Regular one-to-one check-ins rather than large group meetings.

Task management tools or visual project boards.

Extra processing time for complex information.

Structured agendas circulated before meetings.

Permission to take short regulation breaks. Not a smoke break in disguise. An actual nervous system reset.

Clear, direct communication from managers. Fewer hints. Less subtext.

None of these are extravagant. Most cost nothing. And most of them would benefit neurotypical employees too, which tells you something about how workplaces have been designed.

HOW TO START THE CONVERSATION 

You don't need to walk in with a legal brief. Here's a practical starting point.

Name the barrier, not the diagnosis. Unless you're comfortable disclosing, you don't have to. "I find it very difficult to concentrate in the open-plan area" works without mentioning a diagnosis. The law protects you either way.

Bring a suggestion, not just a problem. "I'd find it easier to focus if I could use the quiet meeting room on Wednesday mornings" lands better than "the office is too loud."

Follow up in writing. Even if the first conversation happens face to face, send an email afterwards summarising what was discussed and what was agreed. Paper trails matter if things go sideways.

Know your escalation path. If your manager isn't receptive, go to HR. If HR isn't receptive, contact the WRC in Ireland or ACAS in the UK for guidance. The Irish Human Rights and Equality Commission also provides information and, in some cases, legal support.

THE BIGGER PICTURE 

Ireland has the widest disability employment gap in the EU. The employment rate for people with disabilities sits at just 32.6%. That's not because disabled people can't work. It's because workplaces, broadly, haven't caught up.

Reasonable accommodations aren't charity. They're a legal right, an employer obligation, and good business practice. Every employee retained because they were given the right support is an employee who didn't have to be replaced at a cost of thousands.

If you're reading this and recognising yourself in it, you're not the problem. The environment is. And you're allowed to ask for it to change.

SIGN OFF

Low Tide Calm is a holistic wellness practice based in Wicklow, Ireland, working with people navigating burnout, workplace stress, and the daily weight of masking. Services include reflexology, breathwork, mindfulness coaching, and more. Visit lowtidecalm.ie to learn more.

Sources and References:

 Section 16, Employment Equality Acts 1998-2015 (irishstatutebook.ie)

Nano Nagle School v Daly [2019] IESC 63 (courts.ie)

IHREC: Disability Discrimination and Reasonable Accommodation (ihrec.ie)

Employers for Change: Reasonable Accommodation (employersforchange.ie)

Citizens Information: Working with a Disability (citizensinformation.ie)

Equality (Miscellaneous Provisions) Bill 2024 (gov.ie)

ACAS: Adjustments for Neurodiversity (acas.org.uk)

UK Equality Act 2010: Guidance on Disability Definition (gov.uk)

A&L Goodbody: Spotlight on Reasonable Accommodation, 2024 (algoodbody.com)

NDA: Reasonable Accommodations Report (nda.ie)