Overview
The Equality Act 2010 includes an important duty to make reasonable adjustments, essential for disability discrimination law in the UK. For those prepping for the SQE1 FLK1 exam, strong knowledge of this duty is key as it intersects with various areas of legal practice. This article examines the legal framework, case law interpretations, and practical considerations for legal professionals and organizations.
Legal Framework and Fundamental Principles
Statutory Basis
Sections 20-22 of the Equality Act 2010 outline the duty to make reasonable adjustments, requiring:
- Changes to policies or practices
- Modifications to physical features
- Provision of auxiliary aids
This duty is proactive, especially regarding services and public functions.
Main Elements of the Duty
Substantial Disadvantage
The duty applies when a disabled person faces significant disadvantage compared to others. "Substantial" means more than minor or trivial, as stated in Section 212(1).
Reasonableness
Reasonableness is central, considering:
- Effectiveness of adjustments
- Practicality
- Financial costs
- Resources available
- Access to additional support
Knowledge of Disability
In employment, employers must know or should reasonably know about the disability for the duty to apply. However, for services, the duty is proactive, meaning potential adjustments must be considered in advance.
Case Law Summary
Archibald v Fife Council [2004] UKHL 32
This key case broadened the scope in employment, allowing more favorable treatment for disabled employees, such as transfers without interviews.
Finnigan v Chief Constable of Northumbria Police [2013] EWCA Civ 1191
Clarified that auxiliary aids can include human assistance, not just physical items.
Paulley v FirstGroup plc [2017] UKSC 4
This ruling stressed that service providers must ensure accessibility proactively, beyond just having policies.
Sector-Specific Applications
Legal Profession
Law firms should consider:
- Client Services: Offer accessible communication, such as alternative formats or sign language.
- Recruitment: Modify processes for disabled candidates.
- Workplace Accommodations: Provide flexible working arrangements or specialized equipment.
Example: A law firm provides questions in braille and extra time for a visually impaired candidate.
Education
Challenges include:
- Curriculum Adjustments: Alter teaching and assessment methods.
- Physical Accessibility: Ensure accessible facilities.
- Support Services: Offer learning support and assistive technologies.
Example: A university allows dyslexic students to use text-to-speech software in exams.
Technology Sector
Tech companies should address:
- Software Accessibility: Make interfaces compatible with assistive tech.
- Hardware Modifications: Offer specially designed devices.
- Remote Work Options: Provide remote work solutions for those who need it.
Example: Developing a voice-controlled coding interface for a developer with limited dexterity.
Practical Considerations and Challenges
Proactive Obligation in Service Provision
Service providers must anticipate needs through:
- Regular accessibility audits
- Staff training
- Creating inclusive policies
Balancing Factors
Organizations need to manage:
- Health and Safety: Ensuring safety standards aren't compromised.
- Resource Allocation: Handling the financial aspects.
- Impact on Others: Considering the effects on all staff.
Ongoing Duty
Continuous refinement is required, involving:
- Consultation with disabled individuals
- Monitoring effectiveness
- Keeping up with technological advancements
Conclusion
The duty to make reasonable adjustments is complex and evolves continually, vital for SQE1 FLK1 exam candidates. Its focus is on proactive service provision, interpreting "reasonableness," and applying it across various sectors. Understanding legal principles, case law, and practical challenges equips candidates to excel professionally and in exams.
Key Points:
- The duty is proactive, especially in services.
- Reasonableness involves factors like effectiveness and resources.
- Case law broadens the duty's scope, including positive discrimination.
- Tailored approaches are needed in different sectors.
- Balancing interests and adapting to changes are ongoing challenges.