Equality Act 2010, Schedule 8, paragraph 2

The duty

SCHEDULE 8 Work: reasonable adjustments

2 (1) A must comply with the first, second and third requirements.

(2) For the purposes of this paragraph—

(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 A;

(b) the reference in section 20(4) to a physical feature is a reference to a physical feature of premises occupied by A;

(c) the reference in section 20(3), (4) or (5) to a disabled person is to an interested disabled person.

(3) In relation to the first and third requirements, a relevant matter is any matter specified in the first column of the applicable table in Part 2 of this Schedule.

(4) In relation to the second requirement, a relevant matter is—

(a) a matter specified in the second entry of the first column of the applicable table in Part 2 of this Schedule, or

(b) where there is only one entry in a column, a matter specified there.

(5) If two or more persons are subject to a duty to make reasonable adjustments in relation to the same interested disabled person, each of them must comply with the duty so far as it is reasonable for each of them to do so.

Definitions used in Schedule 8, paragraph 2 2

physical feature

(4)The second requirement is a requirement, where a physical feature puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage.

Defined in s.20(4) · see it in the full Act
Relevant matter

(2) “Relevant matter” has the meaning given in section 67.

Defined in Sch.7 para.3(2) · see it in the full Act

Cases considering Schedule 8, paragraph 2 3

County Durham and Darlington NHS Foundation Trust v Jackson & Anor

[2018] UKEAT 0068_17_0203 · 2 March 2018

Where two or more persons owe the duty to the same disabled person, each must comply only so far as it is reasonable for that person to do so. Liability cannot be deferred for later apportionment at remedy stage. (see paras [24]; [36])

Pulman v Merthyr Tydfil College Ltd

[2017] UKEAT 0309_16_2804 · 28 April 2017Defines

Schedule 8 paragraph 2(2)(c) makes the section 20 references to a disabled person references to an interested disabled person in an employment case. It established that the Tribunal’s contrary PCP reasoning was erroneous. (see paras [27]-[29])

Griffiths v The Secretary of State for Work And Pensions

[2015] EWCA Civ 1265 · 10 December 2015Defines

The reference to a disabled person in the employment adjustment provisions is to an interested disabled person (see para [18]).

What each judgment says about Schedule 8, paragraph 2 is in the case-law panel in the full Act.