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SCHEDULES

SCHEDULE 21Reasonable adjustments: supplementary

Joining landlord as party to proceedings

5(1)This paragraph applies to proceedings relating to a contravention of this Act by virtue of section 20.

(2)A party to the proceedings may request the employment tribunal, county court or sheriff (“the judicial authority”) to direct that the landlord is joined or sisted as a party to the proceedings.

(3)The judicial authority—

(a)must grant the request if it is made before the hearing of the complaint or claim begins;

(b)may refuse the request if it is made after the hearing begins;

(c)must refuse the request if it is made after the complaint or claim has been determined.

(4)If the landlord is joined or sisted as a party to the proceedings, the judicial authority may determine whether—

(a)the landlord has refused to consent to the alteration;

(b)the landlord has consented subject to a condition;

(c)the refusal or condition was unreasonable.

(5)If the judicial authority finds that the refusal or condition was unreasonable, it—

(a)may make such declaration as it thinks appropriate;

(b)may make an order authorising A to make the alteration specified in the order (and requiring A to comply with such conditions as are so specified);

(c)may order the landlord to pay compensation to the complainant or claimant.

(6)An employment tribunal may act in reliance on sub-paragraph (5)(c) instead of, or in addition to, acting in reliance on section 124(2); but if it orders the landlord to pay compensation it must not do so in reliance on section 124(2).

(7)If a county court or the sheriff orders the landlord to pay compensation, it may not order A to do so.