Can I be sued for an inaccessible website?
In the UK, yes in principle, but it is far less common than in the US. The Equality Act 2010 expects businesses to make reasonable adjustments so disabled people can use their services, and that includes websites.
The short answer
A disabled person who cannot use your website can bring a discrimination claim if you have not made reasonable adjustments. Most UK businesses are more likely to face a complaint than a lawsuit, but the duty is real and does not depend on your size. If you sell to customers in the EU or the US, other rules may apply as well.
You cannot be certain you are “compliant”, because only a court decides that. What you can do is find the barriers, fix the serious ones and keep a record.
What UK law requires
The Equality Act 2010 applies to organisations that provide services, whether they are public or private. Sections 20 and 21 require them to make reasonable adjustments so disabled people are not put at a disadvantage when using those services. Websites, apps and documents such as PDFs are covered, in the same way a ramp or a large-print menu would be for a building.
What counts as reasonable depends on the circumstances, such as the cost of a change and how many people it helps. The Act does not name a technical standard for websites. Most people in the field use WCAG, the Web Content Accessibility Guidelines, as the yardstick, but the Act itself does not say you must meet a particular level.
The duty is also anticipatory. You cannot wait for a disabled customer to complain before you act. The EHRC’s code of practice says service providers must think ahead about what people with a range of impairments might need, not only react to the customers who tell them.
Are small businesses exempt?
No. The duty applies to any organisation that provides a service to the public. Size affects what is reasonable, so a sole trader is not expected to do what a national chain can. But getting the basics right is realistic for almost everyone: text alternatives for images, forms people can complete, keyboard access and readable contrast.
What to do if someone complains
A complaint should not be the first time you think about accessibility, but it will still happen, and how you respond matters. Treat it as a request for a reasonable adjustment. Reply promptly and in writing, offer another way to do what they need (a phone booking, an accessible document, help completing a form), and log what you do to fix the underlying problem.
If a dispute is not resolved, a claim can be brought in the civil courts, and a court can order compensation and changes. The Equality and Human Rights Commission (EHRC) can also take enforcement action.
If you are a public sector body
Public sector websites and apps also fall under the Public Sector Bodies (Websites and Mobile Applications) (No. 2) Accessibility Regulations 2018. These set an accessibility standard and require an accessibility statement, and the EHRC enforces them in England, Scotland and Wales. If your organisation is publicly funded, check whether these regulations apply to you before relying on the general duty alone.
The regulations let a public body claim a “disproportionate burden” for parts of its site it cannot yet fix, but that needs a formal assessment. Lack of time, priority or knowledge does not qualify. That formal test comes from these regulations. For everyone else, the Equality Act simply asks what is reasonable.
If you sell to customers in the EU
The European Accessibility Act has applied since 28 June 2025. It covers certain consumer services, including e-commerce, banking, passenger transport ticketing and streaming. It applies based on who you sell to, not where you are based, so a UK business selling to EU consumers can be in scope.
Microenterprises that provide services are exempt: fewer than 10 employees and an annual turnover or balance sheet total of €2 million or less. Each EU country enforces its own version of the law, so penalties and processes vary. The technical benchmark is generally given as EN 301 549, which points to WCAG 2.1 AA. If you think it applies to you, take specialist advice on your exact position.
If you have customers in the US
Most lawsuits over website accessibility are filed in the US under the Americans with Disabilities Act. A business that only serves UK customers is less likely to be affected. One with US customers, a US presence or US contracts should take advice.
What reduces your risk
- Find out where you stand. A manual audit with a keyboard and a screen reader finds problems that automated scanners miss. Keep the dated report.
- Fix the serious barriers first, on the pages people depend on: booking, checkout, contact forms and navigation.
- Publish an honest accessibility statement. Say what you have tested, when, what still needs work and how to reach you. A statement that claims more than your site delivers does not help you.
- Give people a way to report problems, and answer quickly.
- Retest after changes and keep records of what was found, what you fixed and when.
An audit or a conformance report does not make you legally compliant, because only a court can decide that. What it gives you is evidence that you looked for barriers and acted on them, which is what a reasonable-adjustments duty is about.
Common questions
Does the law say I must meet WCAG 2.2 AA?
Not by name. The Equality Act sets a duty of reasonable adjustments and does not specify a technical standard. Public sector bodies and businesses covered by the European Accessibility Act have specific standards to meet. For everyone else, WCAG 2.2 AA is the benchmark most auditors work to, and a sensible target.
Is an accessibility overlay or plugin enough?
Overlays add a toolbar or script on top of your site. They do not repair the underlying code, and many accessibility professionals advise against relying on them. If your site has barriers, the safer route is to fix them at source.
Can I say fixing it costs too much?
Cost and practicality count when deciding what is reasonable, so a small business is not expected to do what a large one can. But cost is weighed against the benefit to disabled users, and it does not excuse doing nothing. Fix the most serious barriers first and record what you plan to do next.
What if an agency built my website?
The duty sits with you as the service provider, not with the agency, though your contract may let you ask them to fix problems. Ask for the accessibility statement and test results for the build.
Want to know where your site stands?
Clearsight Access carries out manual WCAG 2.2 audits and writes the findings up as a VPAT and ACR, so your developers get a prioritised list and your procurement or legal team gets a format they recognise.
Email Clearsight AccessSources and further reading
- Equality Act 2010 (legislation.gov.uk)
- EHRC code of practice for services, chapter 7: reasonable adjustments
- GOV.UK: accessibility requirements for public sector websites and apps
- Scope: disability discrimination by private and public service providers
- Public Sector Bodies (Websites and Mobile Applications) (No. 2) Accessibility Regulations 2018 (legislation.gov.uk)
- Directive (EU) 2019/882, the European Accessibility Act (EUR-Lex)
This guide is general information, not legal advice. The law changes and every situation is different. If you are facing a complaint or a claim, speak to a solicitor. Back to all guides.