Disability Discrimination Act 1995

F2 [F3 Practical work experience] U.K.

Textual Amendments

F2 Ss. 13-14D and cross-headings substituted for ss. 13-15 (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.I. 2004/55), regs. 1(2)(3), 13

F3 Ss. 13-14D and cross-headings substituted for ss. 13-15 (E.W.S.) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 13

[F3 14C Practical work experience: discrimination and harassment E+W+S

 

(1) It is unlawful, in the case of a disabled person seeking or undertaking a work placement, for a placement provider to discriminate against him—

(a) in the arrangements which he makes for the purpose of determining who should be offered a work placement;

(b) in the terms on which he affords him access to any work placement or any facilities concerned with such a placement;

(c) by refusing or deliberately omitting to afford him such access;

(d) by terminating the placement; or

(e) by subjecting him to any other detriment in relation to the placement.

(2) It is also unlawful for a placement provider, in relation to a work placement, to subject to harassment—

(a) a disabled person to whom he is providing a placement; or

(b) a disabled person who has applied to him for a placement.

(3) This section and section 14D do not apply to—

(a) anything made unlawful by section 4 or any provision of Part 3 or 4; or

(b) anything which would be unlawful under that section or any such provision but for the operation of any other provision of this Act.

(4) In this section and section 14D—

• “work placement” means practical work experience undertaken for a limited period for the purposes of a person’s vocational training;

• “placement provider” means any person who provides a work placement to a person whom he does not employ.

(5) This section and section 14D do not apply to a work placement undertaken in any of the naval, military and air forces of the Crown.]

Extent Information

E1 This section extends to England and Wales and Scotland only; a separate s. 14C exists for Northern Ireland only from 21.2.2004.

[F2 14C Practical work experience: discrimination and harassment N.I.

(1) It is unlawful, in the case of a disabled person seeking or undertaking a work placement, for a placement provider to discriminate against him –

(a) in the arrangements which he makes for the purpose of determining who should be offered a work placement;

(b) in the terms on which he affords him access to any work placement or any facilities concerned with such a placement;

(c) by refusing or deliberately omitting to afford him such access;

(d) by terminating the placement; or

(e) by subjecting him to any other detriment in relation to the placement.

(2) It is also unlawful for a placement provider, in relation to a work placement, to subject to harassment –

(a) a disabled person to whom he is providing a placement; or

(b) a disabled person who has applied to him for a placement.

(3) This section and section 14D do not apply to –

(a) anything made unlawful by section 4 or any provision of Part III [F4 or of Part III of the 2005 Order]; or

(b) anything which would be unlawful under that section or any such provision but for the operation of any other provision of this Act.

(4) In this section and section 14D –

• “work placement” means practical work experience undertaken for a limited period for the purposes of a person’s vocational training;

• “placement provider” means any person who provides a work placement to a person whom he does not employ.

(5) This section and section 14D do not apply to a work placement undertaken in any of the naval, military and air forces of the Crown.]

Extent Information

E3 This section extends to Northern Ireland only; a separate s. 14C exists for England and Wales and Scotland only.

Textual Amendments

F4 Words in s. 14C(3)(a) inserted (N.I.) (1.9.2005 for certain purposes, otherwise 16.1.2007) by The Special Educational Needs and Disability (Northern Ireland) Order (S.I. 2005/1117 (N.I. 6)), arts. 1, {48(5)}; S.R. 2005/336, art. 2, Sch. (as amended (16.1.2007) by S.R. 2007/25, art. 2); S.R. 2005/337, art. 2, Sch.

[F3 14D Practical work experience: duty to make adjustments E+W+S

 

(1) Where—

(a) a provision, criterion or practice applied by or on behalf of a placement provider, or

(b) any physical feature of premises occupied by the placement provider,

places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the placement provider to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.

(2) In this section, “the disabled person concerned” means—

(a) in the case of a provision, criterion or practice for determining to whom a work placement should be offered, any disabled person who is, or has notified the placement provider that he may be, an applicant for that work placement;

(b) in any other case, a disabled person who is—

(i) an applicant for the work placement concerned, or

(ii) undertaking a work placement with the placement provider.

(3) Nothing in this section imposes any duty on a placement provider in relation to the disabled person concerned if he does not know, and could not reasonably be expected to know—

(a) in the case of an applicant or potential applicant, that the disabled person concerned is, or may be, an applicant for the work placement; or

(b) in any case, that that person has a disability and is likely to be affected in the way mentioned in subsection (1).]

Extent Information

E2 This section extends to England and Wales and Scotland only; a separate s. 14D exists for Northern Ireland only from 21.2.2004.

[F2 14D Practical work experience: duty to make adjustments N.I.

(1) Where –

(a) a provision, criterion or practice applied by or on behalf of a placement provider, or

(b) any physical feature of premises occupied by the placement provider,

places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the placement provider to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.

(2) In this section, “the disabled person concerned” means –

(a) in the case of a provision, criterion or practice for determining to whom a work placement should be offered, any disabled person who is, or has notified the placement provider that he may be, an applicant for that work placement;

(b) in any other case, a disabled person who is –

(i) an applicant for the work placement concerned, or

(ii) undertaking a work placement with the placement provider.

(3) Nothing in this section imposes any duty on a placement provider in relation to the disabled person concerned if he does not know, and could not reasonably be expected to know –

(a) in the case of an applicant or potential applicant, that the disabled person concerned is, or may be, an applicant for the work placement; or

(b) in any case, that that person has a disability and is likely to be affected in the way mentioned in subsection (1).]

Extent Information

E4 This section extends to Northern Ireland only; a separate s. 14D for England, Wales and Scotland only repealed (1.10.2010).