Supplementary and general

Reasonable adjustments: supplementary18B

1

In determining whether it is reasonable for a person to have to take a particular step in order to comply with a duty to make reasonable adjustments, regard shall be had, in particular, to –

a

the extent to which taking the step would prevent the effect in relation to which the duty is imposed;

b

the extent to which it is practicable for him to take the step;

c

the financial and other costs which would be incurred by him in taking the step and the extent to which taking it would disrupt any of his activities;

d

the extent of his financial and other resources;

e

the availability to him of financial or other assistance with respect to taking the step;

f

the nature of his activities and the size of his undertaking;

g

where the step would be taken in relation to a private household, the extent to which taking it would –

i

disrupt that household, or

ii

disturb any person residing there.

2

The following are examples of steps which a person may need to take in relation to a disabled person in order to comply with a duty to make reasonable adjustments –

a

making adjustments to premises;

b

allocating some of the disabled person’s duties to another person;

c

transferring him to fill an existing vacancy;

d

altering his hours of working or training;

e

assigning him to a different place of work or training;

f

allowing him to be absent during working or training hours for rehabilitation, assessment or treatment;

g

giving, or arranging for, training or mentoring (whether for the disabled person or any other person);

h

acquiring or modifying equipment;

i

modifying instructions or reference manuals;

j

modifying procedures for testing or assessment;

k

providing a reader or interpreter;

l

providing supervision or other support.

3

For the purposes of a duty to make reasonable adjustments, where under any binding obligation a person is required to obtain the consent of another person to any alteration of the premises occupied by him –

a

it is always reasonable for him to have to take steps to obtain that consent; and

b

it is never reasonable for him to have to make that alteration before that consent is obtained.

4

The steps referred to in subsection (3)(a) shall not be taken to include an application to a court or tribunal.

5

In subsection (3), “binding obligation” means a legally binding obligation (not contained in a lease (within the meaning of section 18A(3)) in relation to the premises, whether arising from an agreement or otherwise.

6

A provision of this Part imposing a duty to make reasonable adjustments applies only for the purpose of determining whether a person has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.

Charities and support for particular groups of persons18C

1

Nothing in this Part –

a

affects any charitable instrument which provides for conferring benefits on one or more categories of person determined by reference to any physical or mental capacity; or

b

makes unlawful any act done by a charity in pursuance of any of its charitable purposes, so far as those purposes are connected with persons so determined.

2

Nothing in this Part prevents –

a

a person who provides supported employment from treating members of a particular group of disabled persons more favourably than other persons in providing such employment; or

b

the Department for Employment and Learning from agreeing to arrangements for the provision of supported employment which will, or may, have that effect.

3

In this section –

• “charitable instrument” means an enactment or other instrument (whenever taking effect) so far as it relates to charitable purposes;

• “charitable purposes” means purposes which are exclusively charitable according to the law of Northern Ireland;

• “charity” has the same meaning as in Charities Act (Northern Ireland) 196416; and

• “supported employment” means facilities provided, or in respect of which payments are made, under section 15 of the Disabled Persons (Employment) Act (Northern Ireland) 194517.