SCHEDULES
SCHEDULE 8Work: reasonable adjustments
Part 2Interested disabled person
Employers (see section 39)
5
1
This paragraph applies where A is an employer.
Relevant matter | Description of disabled person |
|---|---|
Deciding to whom to offer employment. | A person who is, or has notified A that the person may be, an applicant for the employment. |
Employment by A. | An applicant for employment by A. An employee of A's. |
2
Where A is the employer of a disabled contract worker (B), A must comply with the first, second and third requirements on each occasion when B is supplied to a principal to do contract work.
3
In relation to the first requirement (as it applies for the purposes of sub-paragraph (2))—
a
the reference in section 20(3) to a provision, criterion or practice is a reference to a provision, criterion or practice applied by or on behalf of all or most of the principals to whom B is or might be supplied,
b
the reference to being put at a substantial disadvantage is a reference to being likely to be put at a substantial disadvantage that is the same or similar in the case of each of the principals referred to in paragraph (a), and
c
the requirement imposed on A is a requirement to take such steps as it would be reasonable for A to have to take if the provision, criterion or practice were applied by or on behalf of A.
4
In relation to the second requirement (as it applies for the purposes of sub-paragraph (2))—
a
the reference in section 20(4) to a physical feature is a reference to a physical feature of premises occupied by each of the principals referred to in sub-paragraph (3)(a),
b
the reference to being put at a substantial disadvantage is a reference to being likely to be put at a substantial disadvantage that is the same or similar in the case of each of those principals, and
c
the requirement imposed on A is a requirement to take such steps as it would be reasonable for A to have to take if the premises were occupied by A.
5
In relation to the third requirement (as it applies for the purposes of sub-paragraph (2))—
a
the reference in section 20(5) to being put at a substantial disadvantage is a reference to being likely to be put at a substantial disadvantage that is the same or similar in the case of each of the principals referred to in sub-paragraph (3)(a), and
b
the requirement imposed on A is a requirement to take such steps as it would be reasonable for A to have to take if A were the person to whom B was supplied.