Disproportionate Burden — UK Exemption Explained 2026
„Can I avoid making my website accessible if it costs too much?" That's a question many UK business owners ask. The answer is yes, but only in limited circumstances.
In this guide, we'll explain what a disproportionate burden is, how to assess it, and when you can claim exemption from accessibility requirements.
📌 Quick Answer — Disproportionate Burden
A disproportionate burden is an exemption from the duty to make reasonable adjustments (Equality Act) or meet WCAG 2.2 AA (PSBAR) if the cost would be too high compared to the benefits. However, you must assess the burden and document your decision. The exemption is not automatic and must be justified.
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Use the free UK ADA checker to see what needs fixing before claiming exemption.
Free UK Checker →What is a disproportionate burden?
A disproportionate burden is an exemption from the duty to make reasonable adjustments (under the Equality Act 2010) or meet WCAG 2.2 Level AA (under PSBAR 2018) if the cost of compliance would be too high compared to the benefits.
The concept of disproportionate burden recognises that:
- Not all organisations can afford the cost of full accessibility
- Small organisations may have more limited resources
- Some adjustments may simply cost too much for the benefit they provide
📊 Disproportionate Burden — Key Facts
- Applies to: Both public and private sectors
- Legal basis: Equality Act 2010 (Section 20) and PSBAR 2018
- Not automatic: You must assess and document
- Not permanent: Must be reviewed regularly
- Must be justified: You must be able to explain why it's disproportionate
When can you claim a disproportionate burden?
You can claim a disproportionate burden when the cost of compliance would be significantly higher than the benefits to disabled users.
Factors to consider:
1. Financial cost
How much would it cost to make your website accessible? Consider:
- Direct costs — development, testing, design
- Ongoing costs — maintenance, monitoring
- Training costs — staff training
2. Organisational resources
Can you afford the cost? Consider:
- Budget — do you have the budget to pay?
- Staff — do you have staff with the right skills?
- Time — do you have the time to implement changes?
3. Benefit to disabled users
How much would disabled users benefit? Consider:
- Number of users — how many disabled users would benefit?
- Impact on users — how important is the content?
- Alternative access — is there another way to access the information?
4. Organisational size
What is reasonable for a large organisation may be disproportionate for a small organisation.
What is NOT a disproportionate burden?
You cannot claim a disproportionate burden for:
- Basic accessibility features — alt text, colour contrast, keyboard accessibility
- Essential information — core services and information
- New content — new pages, documents, and features
- Core functionality — key features like forms and transactions
- Compliance with basic WCAG A criteria — the minimum standard
⚠️ Important — The exemption is limited
The disproportionate burden exemption is limited. You cannot use it to avoid essential accessibility features. The EHRC expects organisations to do what they can, even if they cannot do everything.
If you claim a disproportionate burden, you must document your assessment and be able to justify it.
How to assess a disproportionate burden
Step 1: Scan your website
Use the free UK ADA checker to scan your website against WCAG 2.2 Level AA. The report will show you all violations.
Step 2: Identify the cost of fixing each issue
Estimate the cost of fixing each issue:
- Development cost — how many hours?
- Testing cost — how much testing is needed?
- Ongoing cost — how much to maintain?
Step 3: Assess the benefit to users
Consider how much disabled users would benefit from fixing each issue.
Step 4: Compare cost and benefit
If the cost is significantly higher than the benefit, you may be able to claim a disproportionate burden.
Step 5: Document your assessment
Document everything. This serves as evidence if challenged.
Disproportionate burden assessment — Template
Here is a free template for your disproportionate burden assessment:
📋 Template — Disproportionate Burden Assessment
Organisation: [Your organisation name]
Date: [Date of assessment]
Website: [Your website URL]
WCAG violation: [Description of the issue]
Cost of fixing: [Estimated cost]
- Development cost: £[amount]
- Testing cost: £[amount]
- Ongoing cost: £[amount] per year
Benefit to disabled users: [Describe the benefit]
- Number of users affected: [Estimate]
- Impact on users: [Describe the impact]
Why it is disproportionate: [Explanation]
Alternative approach: [Describe any alternative]
Review date: [Date — at least one year later]
What happens if you claim a disproportionate burden?
If you claim a disproportionate burden, you must:
1. Document your assessment
You must document your disproportionate burden assessment. This includes:
- What you assessed
- Why you concluded it was disproportionate
- What alternatives you considered
2. Publish a statement
You must publish a statement on your website explaining:
- Which parts are not accessible
- Why they are not accessible (disproportionate burden)
- How users can access the information
3. Review regularly
You must review your disproportionate burden assessment regularly (at least once a year).
What are the risks of claiming a disproportionate burden?
Claiming a disproportionate burden has risks:
1. Challenge by the EHRC
The EHRC can challenge your disproportionate burden assessment. If they disagree, they can issue a non-discrimination notice.
2. Discrimination claims
Disabled users can challenge your assessment in a discrimination claim. If they win, you could be ordered to pay unlimited compensation.
3. Reputational damage
Claiming a disproportionate burden can lead to negative publicity and loss of customers.
4. Legal costs
Defending a challenge can be expensive, even if you win.
Disproportionate burden vs undue burden — What's the difference?
The UK uses „disproportionate burden" while the US uses „undue burden" (ADA).
| Feature | Disproportionate Burden (UK) | Undue Burden (USA) |
|---|---|---|
| Applicable law | Equality Act 2010, PSBAR 2018 | ADA Title III |
| Meaning | Cost would be too high compared to benefits | Cost would be too high compared to benefits |
| Assessment | Must document and justify | Must document and justify |
| Review | Must review regularly | Must review regularly |
| Risk | EHRC challenge, discrimination claims | DOJ challenge, ADA lawsuits |
Frequently Asked Questions — Disproportionate Burden
A disproportionate burden is an exemption from accessibility requirements if the cost would be too high compared to the benefits. You must assess and document it.
Yes, but only in limited circumstances. You must assess the cost and benefit, document your assessment, and justify why it is disproportionate.
Disproportionate burden is the UK term (Equality Act, PSBAR). Undue burden is the US term (ADA). Both mean the cost would be too high compared to the benefits.
You must document your assessment, publish a statement on your website, and review it regularly (at least once a year).
If the EHRC challenges your assessment and disagrees, they can issue a non-discrimination notice. If you don't comply, they can take you to court.
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