Transcript Document

BSB
REASONABLE ADJUSTMENTS
AND
CHAMBERS
Catherine 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”
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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”
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Section 15
“Arising in consequence of….”: Broad
scope? See Murphy v (1) Slough BC & (2)
Governing Body of Langley Wood School
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No comparator: “unfavourable” treatment
Knowledge of disability (but not of effects)
Justification defence = legitimate aim &
proportionality: relevance of reasonable
adjustments?
Indirect
Discrimination
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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
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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
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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