The Equality Act 2010 - Duty to make reasonable adjustments

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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:

  1. Changes to policies or practices
  2. Modifications to physical features
  3. 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:

  1. Client Services: Offer accessible communication, such as alternative formats or sign language.
  2. Recruitment: Modify processes for disabled candidates.
  3. 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:

  1. Curriculum Adjustments: Alter teaching and assessment methods.
  2. Physical Accessibility: Ensure accessible facilities.
  3. 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:

  1. Software Accessibility: Make interfaces compatible with assistive tech.
  2. Hardware Modifications: Offer specially designed devices.
  3. 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:

  1. Regular accessibility audits
  2. Staff training
  3. Creating inclusive policies

Balancing Factors

Organizations need to manage:

  1. Health and Safety: Ensuring safety standards aren't compromised.
  2. Resource Allocation: Handling the financial aspects.
  3. Impact on Others: Considering the effects on all staff.

Ongoing Duty

Continuous refinement is required, involving:

  1. Consultation with disabled individuals
  2. Monitoring effectiveness
  3. 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:

  1. The duty is proactive, especially in services.
  2. Reasonableness involves factors like effectiveness and resources.
  3. Case law broadens the duty's scope, including positive discrimination.
  4. Tailored approaches are needed in different sectors.
  5. Balancing interests and adapting to changes are ongoing challenges.