Explanatory Note
(This note is not part of the Regulations.)
These Regulations provide, among other things, for circumstances where treatment of a disabled employee (or a failure to make an adjustment to premises) is justified. These include:
(a)where pay is linked to performance (regulation 3);
(b)where there are uniform rates of contribution to an occupational pension scheme regardless of the benefits received (regulation 4);
(c)where building works complied with (and continue to comply with) the building regulations in relation to access and facilities for disabled people at the time the works were carried out (regulation 8).
Regulations 11 to 15 deal with the position where the employer’s premises are held under a lease or tenancy.