SCHEDULES

SCHEDULE 8Work: reasonable adjustments

Part 3Limitations on the duty

Lack of knowledge of disability, etc.

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(1)

A is not subject to a duty to make reasonable adjustments if A does not know, and could not reasonably be expected to know—

(a)

in the case of an applicant or potential applicant, that an interested disabled person is or may be an applicant for the work in question;

(b)

F1in any case referred to in Part 2 of this Schedule, that an interested disabled person has a disability and is likely to be placed at the disadvantage referred to in the first, second or third requirement.

(2)

An applicant is, in relation to the description of A specified in the first column of the table, a person of a description specified in the second column (and the reference to a potential applicant is to be construed accordingly).

Description of A

Applicant

An employer

An applicant for employment

A firm or proposed firm

A candidate for a position as a partner

An LLP or proposed LLP

A candidate for a position as a member

A barrister or barrister's clerk

An applicant for a pupillage or tenancy

An advocate or advocate's clerk

An applicant for being taken as an advocate's devil or for becoming a member of a stable

A relevant person in relation to a personal or public office

A person who is seeking appointment to, or recommendation or approval for appointment to, the office

A qualifications body

An applicant for the conferment of a relevant qualification

An employment service-provider

An applicant for the provision of an employment service

A trade organisation

An applicant for membership

(3)

If the duty to make reasonable adjustments is imposed on A by section 55, this paragraph applies only in so far as the employment service which A provides is vocational training within the meaning given by section 56(6)(b).