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” • • • 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