BSB

REASONABLE ADJUSTMENTS AND

CHAMBERSCatherine Casserley

Cloisters

Meaning of “disability”

• Section 6• “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.

“disability”

• Section 6 Equality Act 2010• “Substantial” now given statutory

meaning: “more than minor or trivial” (s.212)

• Recent caselaw – very broad definition (taking into account UN convention on the Rights of Disabled People) – see Sobhi v Commissioner of Police of the Metropolis, [2013] EqLR 785

“Discrimination”

• Section 15• “Arising in consequence of….”: Broad

scope? See Murphy v (1) Slough BC & (2) Governing Body of Langley Wood School

• No comparator: “unfavourable” treatment• Knowledge of disability (but not of effects)• Justification defence = legitimate aim &

proportionality: relevance of reasonable adjustments?

Indirect Discrimination

• Section 19• Overlap? Consider anticipatory

situations affecting groups of disabled people

• No knowledge of disability required• Comparison exercise (section 23):

“abilities” not imported into material circumstances

Reasonable Adjustments

• Section 20 (duty) & s.21 (contravention)• 3 requirements: • (1) Provision Criterion or Practice putting

disabled person at a substantial disadvantage – the way in which things are done

• (2) Physical features putting disabled person at substantial disadvantage – physical environment&

• (3) Auxiliary aids and services, without which substantial disadvantage – interpreters, info in alternative formats

Reasonable adjustments in employment

• Focus on the individual• Assessment of requirements• Access to work• Assistance from impairment specific

organisations, GP etc• Objective test

Reasonable adjustments in

services• Anticipatory duty• Consider the needs of different

impairment groups• Impairment specific Groups• EHRC Code of Practice

Where to go for Help

• Equality and Diversity Helpline [0207 611 1310].

• Making Chambers Accessible Guidance

• BSB Model reasonable adjustments policy

• Bar Council Disability Group