Failure to Make Reasonable Adjustments

Notes on the failure to make reasonable adjustments

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  • Created by: Jem
  • Created on: 27-04-13 13:53

Failure to Make Reasonable Adjustments

S.20 of the Equality Act states: ‘A person discriminates against a disabled person if he fails to comply with a duty to make reasonable adjustments imposed on him in relation to the disabled person’

This ‘duty’ has been included in previous legistlation.

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Content of Offence

If the employer:

·         Is applying a policy/practice or;

·         There is a physical feature on the premises occupied by the employer

That substantially disadvantages a disabled person compared to a physically able person, the employer must take reasonable steps to overcome this disadvantage.

Allen v RBS: Defendant needed to adjust premises to become wheelchair accessible, so claimant could use banking services.

Owen Brooking: police sued for failure to make reasonable adjustments for Brooking, who had dyslexia.

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