header-logo header-logo

Ignorance of a disability

18 November 2010 / Philip Thornton
Issue: 7442 / Categories: Features , LexisPSL
printer mail-detail

Philip Thornton considers some unfortunate drafting in the Equality Act 2010

Where a breach of the duty to make reasonable adjustments is alleged, an employer has always had a defence where it would be unreasonable to expect it to know that any adjustments might be required. That defence originally worked (under the Disability Discrimination Act 1995 (DDA 1995)) by disapplying the duty in two situations:

  • applicants for employment: where the employer does not know, and could not reasonably be expected to know that the relevant disabled person is, or may be, an applicant for the employment;
  • in any case: where the employer does not know, and could not reasonably be expected to know that the person has a disability and is likely to be placed at a substantial disadvantage by any of the employer's “arrangements” or the physical features of its premises.

Although the first exception, regarding applicants for employment, has been re-enacted successfully without major change under the Equality Act 2010, the revised wording of the second exception, regarding lack of knowledge

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll