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24 September 2021 / Charles Pigott
Issue: 7949 / Categories: Features , Employment , Equality
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Auxiliary matters & making adjustments

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Auxiliary aids in adjustments claims: Charles Pigott looks at a less frequently used aspect of the Equality Act
  • The EAT has said that it is ‘all too common’ for auxiliary aids to be overlooked when assessing disability discrimination claims.
  • The breadth of this element of the reasonable adjustments regime was recently demonstrated in judicial review proceedings against the government.

The duty to make adjustments is defined in s 20, Equality Act 2010, and applied across a number of different parts of the Act, including Part 3 (services and public functions) and Part 5 (work). Section 20(2) provides that the duty comprises three requirements, which are defined in sub-sections (3) to (5).

The first two requirements, triggered by the application of a provision, criterion or practice (PCP) and the physical features of premises respectively, are more familiar. However, the third requirement is not encountered so frequently, at least in employment case law.

The third requirement applies where a disabled person ‘would, but for the provision of an auxiliary aid,

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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