C1Part IIF4THE EMPLOYMENT FIELDF5 AND DISTRICT COUNCILSF6and members of locally-electable authorities
Pt. II heading: words inserted (N.I) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order ( S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), {Sch. 1 para. 4}; S.R. 2007/466, art. 2(2)(l)
Pt 2 heading: words inserted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 4; S.I 2005/2774, {art. 3(j)}
Pt. II applied (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 4 para. 4(1)(2)(b); S.I. 2013/1682, art. 3(k)
F8F7Practical work experience
Ss. 13-14D and cross-headings substituted for ss. 13-15 (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.I. 2004/55), regs. 1(2)(3), 13
Ss. 13-14D and cross-headings substituted for ss. 13-15 (E.W.S.) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 13
E114CF7Practical work experience: discrimination and harassment
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E314CF8Practical work experience: discrimination and harassment
1
It is unlawful, in the case of a disabled person seeking or undertaking a work placement, for a placement provider to discriminate against him –
a
in the arrangements which he makes for the purpose of determining who should be offered a work placement;
b
in the terms on which he affords him access to any work placement or any facilities concerned with such a placement;
c
by refusing or deliberately omitting to afford him such access;
d
by terminating the placement; or
e
by subjecting him to any other detriment in relation to the placement.
2
It is also unlawful for a placement provider, in relation to a work placement, to subject to harassment –
a
a disabled person to whom he is providing a placement; or
b
a disabled person who has applied to him for a placement.
F33
This section and section 14D do not apply—
a
to anything which is unlawful under any provision of section 4, sections 19 to 21A, sections 21F to 21J or Part 4; or
b
to anything which would be unlawful under any such provision but for the operation of any provision in or made under this Act.
4
In this section and section 14D –
“work placement” means practical work experience undertaken for a limited period for the purposes of a person’s vocational training;
“placement provider” means any person who provides a work placement to a person whom he does not employ.
5
This section and section 14D do not apply to a work placement undertaken in any of the naval, military and air forces of the Crown.
E214DF7Practical work experience: duty to make adjustments
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E414DF8Practical work experience: duty to make adjustments
1
Where –
a
a provision, criterion or practice applied by or on behalf of a placement provider, or
b
any physical feature of premises occupied by the placement provider,
places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the placement provider 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 this section, “the disabled person concerned” means –
a
in the case of a provision, criterion or practice for determining to whom a work placement should be offered, any disabled person who is, or has notified the placement provider that he may be, an applicant for that work placement;
b
in any other case, a disabled person who is –
i
an applicant for the work placement concerned, or
ii
undertaking a work placement with the placement provider.
3
Nothing in this section imposes any duty on a placement provider in relation to the disabled person concerned if he 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 work placement; or
b
in any case, that that person has a disability and is likely to be affected in the way mentioned in subsection (1).
Pt. 2: heading "THE EMPLOYMENT FIELD" substituted (E.W.S.) for "EMPLOYMENT" (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (S.I. 2003/1673), regs. 1(2)(3), {4(1)} and same heading substituted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by S.R. 2004/55, regs. 1(2)(3), 4(1)