RSNBLE ADJSTMNTS

Question 1

What are examples of reasonable adjustments under the Equality Act 2010?

Answer 1

Altering buildings or workspace layout.

Providing equipment or assistive technology.

Adjusting work schedules or start times.

Modifying duties or policies.
Presenting information differently (e.g., Braille or audio formats).

Key Point: Failure to comply with the duty constitutes unlawful discrimination under s. 21 EA 2010.

Question 2

What characteristics are protected under the Equality Act 2010? + what does it ensure protection from?

Answer 2

Race, sex, marital status, pregnancy, sexual orientation, disability, religion or belief, age, gender reassignment.

Key Principle: The Equality Act ensures protection from:

1. Direct and indirect discrimination (s. 13, s. 19).
2. Harassment, victimisation, and pay discrimination.
3. Detriment for asserting statutory rights.

Question 3

How are direct and indirect discrimination defined in the Equality Act 2010?

Answer 3

Direct (s. 13): Less favorable treatment due to a protected characteristic.

Indirect (s. 19): A neutral PCP that disproportionately disadvantages individuals with a protected characteristic.

Key Point: Direct discrimination cannot be justified (except for age); indirect discrimination may be justified if necessary and proportionate.

Question 4

What principle did Coleman v Attridge (2008) establish?

Answer 4

Facts:
Mrs. Coleman faced unfavorable treatment due to her disabled son.

Principle:
Established associative discrimination, meaning discrimination due to one’s association with a person who has a protected characteristic is unlawful.

Question 5

What did Chief Constable of Norfolk v Coffey (2019) establish about perceived disabilities?

Answer 5

Facts:
Mrs. Coffey was denied a transfer due to perceived hearing loss.

Principle:
Discrimination by perception is unlawful. Treating someone less favourably due to a perceived disability (even if they are not disabled) constitutes direct discrimination.

Question 6

How does the Equality Act define employment?

Answer 6

S. 83(2): Employment includes contracts of employment, apprenticeships, or contracts for personal service. Broad scope.

Key Point: Focus is on the personal service relationship, not mutuality of obligation or other measures.

Question 7

What are PCPs, and why are they important in reasonable adjustments?

Answer 7

PCPs: Policies, practices, or criteria that may disadvantage disabled workers.

Examples: Fixed hours, dress codes, mandatory tasks.
Key Principle: Adjusting PCPs is often the easiest and lowest-cost way to comply with the duty to make reasonable adjustments.

Question 8

How is disability defined under s. 6 of the Equality Act 2010?

Answer 8

A disability is:

1. A physical or mental impairment.
2. Having a substantial adverse effect (more than minor or trivial).
3. Long-term (lasting or likely to last 12 months or more).
4. Affecting normal day-to-day activities.

Question 9

What did Goodwin v Patent Office [1999] establish about disability assessment?

Answer 9

Facts:
Goodwin, with paranoid schizophrenia, claimed unfair dismissal.

Principle:
A tribunal must assess whether impairments have substantial adverse effects on normal activities.

Substantial means “more than minor or trivial.”

Question 10

Why are PCP adjustments central to reasonable adjustments?

Answer 10

Many disability discrimination cases involve PCPs (e.g., working hours, rules).

PCP adjustments are usually low-cost and practical.

Failing to adjust PCPs can result in unlawful discrimination under s. 21 EA 2010.

Question 11

Give an example of indirect discrimination through PCPs.

Answer 11

Policy: No dreadlocks allowed, even when tied back.

Impact: Disadvantages Rastafarian workers due to religious beliefs.

Key Point: Employer must show the policy is necessary and proportionate.

Question 12

What are the key legal instruments related to disability discrimination?

Answer 12

1. Equality Act 2010 (EA 2010): Primary legislation on disability discrimination and reasonable adjustments.
2. Disability Regulations 2010: Supplement the EA 2010.
3. Schedules to the EA 2010:
   Schedule 1: Definition of disability.
   Schedule 8: Reasonable adjustments.
4. Guidance by the Government Office for Disability Issues: Helps courts and tribunals interpret the EA 2010.
5. Equality and Human Rights Commission Code of Practice: Not legally binding but highly persuasive. Tribunals expect employers to comply.

Question 13

What principle did Goodwin v Patent Office [1999] establish about substantial adverse effects?

Answer 13

Facts:
Mr. Goodwin, with paranoid schizophrenia, was dismissed after complaints about his behaviour.

Principle:
The Employment Appeal Tribunal emphasized a purposive approach to interpreting s. 6 EA 2010.
Substantial adverse effect means “more than minor or trivial.”

Focus on what the individual cannot do or can only do with difficulty, not what they can do.

Question 14

Which conditions are automatically recognized as disabilities under s. 6 EA 2010?

Answer 14

1. Severe disfigurements: Excluding tattoos or body modifications.
2. Certified visual impairments: Blindness or partial sight as certified by an ophthalmologist.
3. From Diagnosis:
   Cancer.
   HIV.
   Multiple sclerosis.

Key Point: These conditions are protected from the point of diagnosis, even if they do not yet have a substantial adverse effect.

Question 15

What is an example from statutory guidance about severe disfigurement?

Answer 15

A woman with significant facial scarring avoids public places due to self-consciousness.

Principle: Severe disfigurement is treated as having a substantial adverse effect without requiring further proof of impact on daily activities.

Question 16

What is required to establish a physical or mental impairment under s. 6 EA 2010?

Answer 16

There must be a connection to a diagnosed impairment.

Case: McNicol v Balfour Beatty Rail Maintenance (2002):
- Claimant’s back pain lacked medical evidence linking it to a diagnosed condition.
- Principle: Impairment must result from or consist of an illness.

Question 17

Can obesity qualify as a disability under s. 6 EA 2010?

Answer 17

Case: Kaltoft v Kommunernes Landsforening (2015):
Obesity itself is not a disability.

Disabilities arising from obesity (e.g., mobility issues) may qualify if they have substantial adverse effects.

Question 18

What does “substantial adverse effect” mean under s. 6 EA 2010? + what is the comparison (case)

Answer 18

Defined as more than minor or trivial (s. 212 EA 2010).

Focus on what the individual cannot do or can only do with difficulty.

Case Example:
Elliot v Dorset County Council (2021): The comparison is with the same person, considering their capabilities without the impairment.

Question 19

Provide examples of substantial adverse effects from statutory guidance.

Answer 19

1. Cerebral palsy: A child takes significantly longer to perform daily tasks compared to peers.
2. OCD: A person repeatedly checks appliances and locks, more frequently than someone without the condition.

Question 20

How are progressive conditions treated under s. 6 EA 2010?

Answer 20

Schedule 1, para 8:
Treated as disabilities from the moment of any impairment.

Medical prognosis of likely substantial effect is sufficient.
Example: Stephen Hawking’s condition, where initial mild effects later became substantial.

Question 21

How are corrective measures considered in disability assessments?

Answer 21

Excluded measures: Glasses/contact lenses.

Other measures: Conditions are assessed as if no corrective measures are in place.

Example:
A person with depression alleviated by counseling is still treated as disabled based on untreated effects.

Question 22

What impairments are specifically excluded under the EA 2010?

Answer 22

Alcoholism.

Nicotine addiction.

Hayfever.

Voyeurism.

Key Point: Illnesses arising from these conditions (e.g., liver damage from alcoholism) may still qualify as disabilities.

Question 23

Who bears the burden of proof in establishing disability under s. 6 EA 2010?

Answer 23

The claimant must prove, on the balance of probabilities, that they have a disability.

Case: Goodwin v Patent Office (1999) emphasised the claimant’s responsibility to demonstrate substantial adverse effects.

Question 24

What factors are considered in determining substantial adverse effects?

Answer 24

Time: Duration to complete a task.

Method: How the task is performed compared to someone without the impairment.

Example: A person with OCD rechecks locks excessively, impacting their ability to leave home on time.

Question 25

What is the requirement for long-term impact under the Equality Act 2010?

Answer 25

Schedule 1, s. 2 EA 2010: The condition must last or be likely to last at least 12 months or for the remainder of the person’s life. Case: SCA Packaging v Boyle: - “Likely” means it could well happen. - A condition need not have lasted 12 months to meet the definition if it is likely to persist.

Question 26

What did SCA Packaging v Boyle (2009) establish about long-term impairments?

Answer 26

Facts: Boyle’s voice condition required hydration and avoidance of noise. Employer removed office partitions, exacerbating her condition. Principle: A condition likely to recur or worsen (even if managed) qualifies as long-term. Established the “could well happen” standard for conditions lasting over 12 months.

Question 27

How are recurring conditions treated under EA 2010?

Answer 27

- Schedule 1, para 2(2): An impairment likely to recur is treated as continuing. Examples from Guidance: 1. Bipolar disorder: Recurring depression episodes satisfy the long-term requirement if they recur over 12 months. 2. Separate events (e.g., bereavement-induced depression) may not qualify unless linked to an underlying condition.

Question 28

What does "normal day-to-day activities" mean under EA 2010?

Answer 28

Definition: Activities typical for an average person, not specialized tasks. Includes work-related activities, per Chacón Navas v Eurest SA (2006): - A person’s ability to participate in working life must be assessed, even if the impairment has minimal effect outside work.

Question 29

What principle was established in Chacón Navas v Eurest SA (2006)?

Answer 29

Facts: Worker dismissed after eight months of sickness absence. Principle: Sickness alone is not a disability. Dismissals must consider the need for reasonable adjustments in professional life, emphasising workplace participation.

Question 30

What changes did the 2023 amendment to the Equality Act make to the definition of disability?

Answer 30

- Expanded “disability” to include participation in working life, not just professional roles. Includes: - Infrequent or specialised tasks (e.g., lifting boxes, night shifts). - Job application processes and workplace-specific tasks.

Question 31

What are examples of substantial adverse effects?

Answer 31

- Examples with substantial effects: Difficulty waiting in queues due to pain/fatigue. Repeatedly avoiding social situations (e.g., OCD). Difficulty preparing meals. - Examples without substantial effects: Discomfort when travelling. Nervousness speaking to an audience.

Question 32

Under what circumstances does the duty to make reasonable adjustments arise (s. 20)?

Answer 32

Is employer aware or ought to be? Is there a substantial disadvantage? A PCP? A physical feature of premises? Provision of auxiliary aid? During recruitment, employment and dismissal? Has employer taken reasonable steps? Depends on circumstances Practicability Cost and cost-effective? 1. PCPs: When a provision, criterion, or practice places a disabled person at a substantial disadvantage. 2. Physical features: Building layout, furniture, or equipment causing a disadvantage. 3. Auxiliary aids: Lack of tools like hearing loops or screen readers.

Question 33

How is comparison made to assess substantial disadvantage?

Answer 33

Compare the disabled person to a hypothetical non-disabled person. Purpose: To establish that the disadvantage arises because of the disability (s. 23 EA 2010).

Question 34

How does the duty to make reasonable adjustments apply during recruitment and dismissal?

Answer 34

1. Recruitment: Adjustments in tests or interviews. 2. Dismissal: Adapting policies or procedures, such as where meetings occur or who can represent the employee.

Question 35

What must employers do to meet their duty under EA 2010 in terms of investigating disability?

Answer 35

Employers must reasonably investigate if a worker has a disability causing disadvantage. Consider dignity, confidentiality, and objective assessment. Gallop v Newport City Council [2013] – Employers cannot rely solely on external advice (e.g., occupational health) and must assess the evidence themselves to determine if an employee is disabled.

Question 36

What principle was established in British Gas Services v McCaull [2001]?

Answer 36

Facts: Mr. McCaull, a service engineer, developed epilepsy after a road accident, losing his driving license and ability to work as an engineer. British Gas offered redeployment to a lower-paid job, which he refused, leading to dismissal. Principle: The employer’s action matters, not their conscious consideration of adjustments. Offering an alternative role was deemed a reasonable adjustment; employers are not required to create new roles.

Question 37

What reasonable steps must employers take under the Equality Act 2010?

Answer 37

1. PCPs: Avoid substantial disadvantage where a PCP disadvantages disabled workers. 2. Physical Features: Remove, alter, or provide means to avoid substantial disadvantage caused by workplace features. 3. Auxiliary Aids: Provide aids/services to mitigate disadvantage.

Question 38

Define a “Provision, Criterion, or Practice” (PCP) under the EA 2010.

Answer 38

A broad term encompassing formal/informal policies, practices, rules, and one-off decisions. Example (EHRC Code of Practice): A mobility-impaired worker given a designated parking space, overriding a seniority-based parking policy, is a reasonable adjustment to a PCP.

Question 39

What constitutes “reasonable steps” for adjustments?

Answer 39

Practicality: Are adjustments feasible? Cost: Consider employer size/resources (Cordell v Foreign and Commonwealth Office (2011)). Employer Support: Access to funding, e.g., Access to Work. Worker Suggestions: Employers must consider worker proposals, though not required by law to rely on them.

Question 40

What was the principle in Cordell v Foreign Commonwealth Office (2011) about cost?

Answer 40

Adjustments may have financial limits. Even state employers (with vast resources) are not expected to meet unreasonable costs.

Question 41

What are some examples of reasonable adjustments from the EHRC Code of Practice?

Answer 41

Providing information in Braille. Allocating duties to another worker. Modifying working hours or allowing remote work. Permitting absences for treatment or rehab. Providing auxiliary aids, like assistive technologies.

Question 42

What principle was established in Archibald v Fife Council [2004]?

Answer 42

Facts: Ms. Archibald, a road sweeper unable to walk, applied for redeployment but was made to compete equally for a higher-paid role, which she didn’t secure. Principle: Reasonable adjustments may include favourable treatment, like waiving competition for redeployment. Employers are obliged to redeploy disabled employees into suitable roles. HoL: 'To the extent that the duty to make reasonable adjustments requires it, the employer is not only permitted but obliged to treat a disabled person more favourably than others’

Question 43

How does Griffiths v Secretary of State for Work and Pensions [2015] relate to adjustments for sickness-related disability?

Answer 43

Facts: Employer policy triggered disciplinary action after three instances of sickness. Principle: Reasonable adjustments may include disapplying rigid attendance policies. Adjustments could permit unpaid leave without disciplinary consequences.

Question 44

What are the consequences of breaching the duty to make reasonable adjustments?

Answer 44

Section 21 EA 2010: Failure to adjust constitutes unlawful discrimination. No Justification: Failure to adjust can’t be justified, but employers can argue the adjustment was not reasonable.

Question 45

What remedies are available for failing to make reasonable adjustments?

Answer 45

1. Compensation: Includes injury to feelings. 2. Practical Orders: Courts may mandate adjustments.

Question 46

What factors are considered when assessing the reasonableness of adjustments?

Answer 46

- Practicality of the adjustment. - Cost and employer resources. - Disruption caused by adjustments. - Support Availability, like Access to Work funding.

Question 47

Structure

Answer 47

X

Question 48

What are examples of substantial adverse effects on normal day-to-day activities?

Answer 48

Difficulty preparing meals, queueing, or using a computer. Persistent avoidance of people or difficulty forming social relationships. Note: Minor issues like discomfort travelling or nervousness speaking publicly are not substantial.

Question 49

When is an employer considered aware of a disability for the duty to make reasonable adjustments?

Answer 49

The duty arises if the employer knows or ought to know about the employee's disability and the disadvantage it causes. Key Case: Gallop v Newport City Council [2013] – Employers cannot rely solely on external advice (e.g., occupational health) and must assess the evidence themselves to determine if an employee is disabled.