Purpose: Using the UK's recent disability legislation as a trigger, the paper explores issues in evidencing competence in the current context of using assessment as a tool for learning. Design/methodology/approach: A modified version of the pragmatic method is used, in which assessment theory is used to explore the tension in assessment which is both legislatively compliant and theoretically coherent. Findings: In the current context of requiring assessment to be edumetrically sound, the legislation of competence standards is problematic in four respects. Task validity is now a much more diffuse concept. Scoring validity has to contend with many possible accommodations. Assessment generalisability has to consider both the relevance and representativeness of the assessment task. Consequential validity is essentially concerned with formative assessment, which is considered pedagogically important but, politically, is of less significance than summative assessment. Research limitations/implications: The analysis here is in terms of legislation within the UK and therefore may not refer to nuances of difference in the anti-discrimination legislation in other jurisdictions. Practical implications: The study offers academics and administrators a framework within which to review the edumetric soundness of their assessment practices and policies. In so, doing possible difficulties in equitable assessment can be made explicit. This, in turn, has implications for staff development. Originality/value: The paper uses significant pedagogical theory to illuminate a legislative requirement and thereby contextualise difficulties in implementing equitable assessment. (Contains 1 table.)