BSB REASONABLE ADJUSTMENTS AND CHAMBERS Catherine Casserley Cloisters.

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Presentation transcript:

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 [ ]. Making Chambers Accessible Guidance BSB Model reasonable adjustments policy Bar Council Disability Group

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