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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

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  1. BSB REASONABLE ADJUSTMENTS AND CHAMBERS Catherine Casserley Cloisters

  2. 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.

  3. “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

  4. “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?

  5. 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

  6. 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

  7. Reasonable adjustments in employment • Focus on the individual • Assessment of requirements • Access to work • Assistance from impairment specific organisations, GP etc • Objective test

  8. Reasonable adjustments in services • Anticipatory duty • Consider the needs of different impairment groups • Impairment specific Groups • EHRC Code of Practice

  9. 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

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