Part IIF1THE EMPLOYMENT FIELDF2and members of locally-electable authorities

F3Employment

F44AEmployers: duty to make adjustments

 

(1)

Where—

(a)

a provision, criterion or practice applied by or on behalf of an employer, or

(b)

any physical feature of premises occupied by the employer,

places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the employer 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 subsection (1), “the disabled person concerned” means—

(a)

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

(b)

in any other case, a disabled person who is—

(i)

an applicant for the employment concerned, or

(ii)

an employee of the employer concerned.

(3)

Nothing in this section imposes any duty on an employer in relation to a disabled person if the employer 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 employment; or

(b)

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

F54AEmployers: duty to make adjustments

(1)

Where –

(a)

a provision, criterion or practice applied by or on behalf of an employer, or

(b)

any physical feature of premises occupied by the employer,

places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the employer 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 subsection (1), “the disabled person concerned” means –

(a)

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

(b)

in any other case, a disabled person who is –

(i)

an applicant for the employment concerned, or

(ii)

an employee of the employer concerned.

(3)

Nothing in this section imposes any duty on an employer in relation to a disabled person if the employer 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 employment; or

(b)

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