Reasonable Adjustments

Reasonable Adjustments - for disabled people 

Equality Act 2006 here  
this Act created the Commission for Equality and Human Rights [EHRC] - promote human rights

s8]3/ . In promoting equality of opportunity between disabled persons and others, the Commission may, in particular, promote the favourable treatment of disabled persons.

Has Enforcement Powers s20 

Equality Act 2010 here 

s4 The Protected Characteristics    disability 

s6 1] A person (P) has a disability if—
          a/  P has a physical or mental impairment, and

          b/ the impairment has a substantial and long-term adverse effect on P's ability to carry out normal day-to-day activities.

s13 Direct discrimination 

     1]  A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others.

s15 Discrimination arising from Disability 

     1]   A person (A) discriminates against a disabled person (B) if—

          a/  A treats B unfavourably because of something arising in consequence of   B's disability,  and      

        b/  A cannot show that the treatment is a proportionate means of achieving a legitimate aim.

2]   Subsection (1) does not apply if A shows that A did not know, and could not reasonably have been expected to know, that B had the disability.

s19 Indirect discrimination 

  1]  A person (A) discriminates against another (B) if A applies to B a provision, criterion or practice which is discriminatory in relation to a relevant protected characteristic of B's.

 s20 Duty to make adjustments 

 Schedule 2 

Services and public functions: reasonable adjustments

Preliminary

[1] This Schedule applies where a duty to make reasonable adjustments is imposed on A by this Part.

The duty 

[2]   1. A must comply with the first, second and third requirements.

      2. For the purposes of this paragraph, the reference in section 20(3), (4) or (5) to a disabled              person is to disabled persons generally.

      3. Section 20 has effect as if, in subsection (4), for “to avoid the disadvantage” there were                  substituted—

                   a. to avoid the disadvantage, or

b. to adopt a reasonable alternative method of providing the service or exercising the function.”

4. In relation to each requirement, the relevant matter is the provision of the service, or the exercise of the function, by A.

5.  Being placed at a substantial disadvantage in relation to the exercise of a function means— 

a.if a benefit is or may be conferred in the exercise of the function, being placed at a substantial disadvantage in relation to the conferment of the benefit, or

b.if a person is or may be subjected to a detriment in the exercise of the function, suffering an unreasonably adverse experience when being subjected to the detriment.

6. In relation to the second requirement, a physical feature includes a physical feature brought by or on behalf of A, in the course of providing the service or exercising the function, on to premises other than those that A occupies (as well as including a physical feature in or on premises that A occupies).

7. If A is a service-provider, nothing in this paragraph requires A to take a step which would fundamentally alter—

(a)the nature of the service, or

(b)the nature of A's trade or profession.

8. If A exercises a public function, nothing in this paragraph requires A to take a step which A has no power to take.

Discrimination arising from disability 

British Telecommunications Plc v Robertson (Discrimination Arising From Disability - Duty of Reasonable Adjustment) [2021] UKEAT 0229_20_0306 (03 June 2021) HERE