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 F1the county court or the sheriff orders the landlord to pay compensation, it may not order A to do so.