Equality Act 2010, Schedule 8, paragraph 20

Lack of knowledge of disability, etc

SCHEDULE 8 Work: reasonable adjustments

20 (1) A is not subject to a duty to make reasonable adjustments if A does not know, and could not reasonably be expected to know—

(a) in the case of an applicant or potential applicant, that an interested disabled person is or may be an applicant for the work in question;

(b) [F313 in any case referred to in Part 2 of this ScheduleF313] , that an interested disabled person has a disability and is likely to be placed at the disadvantage referred to in the first, second or third requirement.

(2) An applicant is, in relation to the description of A specified in the first column of the table, a person of a description specified in the second column (and the reference to a potential applicant is to be construed accordingly).

Description of A Applicant
An employer An applicant for employment
A firm or proposed firm A candidate for a position as a partner
An LLP or proposed LLP A candidate for a position as a member
A barrister or barrister's clerk An applicant for a pupillage or tenancy
An advocate or advocate's clerk An applicant for being taken as an advocate's devil or for becoming a member of a stable
A relevant person in relation to a personal or public office A person who is seeking appointment to, or recommendation or approval for appointment to, the office
A qualifications body An applicant for the conferment of a relevant qualification
An employment service-provider An applicant for the provision of an employment service
A trade organisation An applicant for membership

(3) If the duty to make reasonable adjustments is imposed on A by section 55, this paragraph applies only in so far as the employment service which A provides is vocational training within the meaning given by section 56(6)(b).

Definitions used in Schedule 8, paragraph 20 3

employment

“employment” and related expressions are (subject to subsection (11)) to be read with section 83;

Defined in s.212(1) · see it in the full Act
Member

(10) “Member”, in relation to an occupational pension scheme, means an active member, a deferred member or a pensioner member (within the meaning, in each case, given by section 124 of the Pensions Act 1995 ).

Defined in s.212(10) · see it in the full Act
trade

“trade” includes any business;

Defined in s.212(1) · see it in the full Act

Cases considering Schedule 8, paragraph 20 22

Kamean Hussain v London Fire Commissioner

[2026] EAT 159 · 19 October 2026

The constructive knowledge issue arose under this provision. Applying the reasonableness approach, the EAT upheld the Tribunal’s conclusion that further inquiries were not reasonably required on the facts. (see paras [2], [11]–[14])

MG Harkins v Marks & Spencer Plc

[2026] EAT 131 · 21 September 2026Interprets

Interprets the knowledge condition as requiring actual or constructive knowledge that the employee has a disability and is likely to face substantial disadvantage, rather than knowledge that the disadvantage actually exists. The disadvantage must nevertheless exist for the duty to bite (see paras [116]–[117], [133]–[135]).

Marguerite Andrea Cunningham v BBC

[2026] EAT 92 · 16 June 2026

The judgment applies paragraph 20 of Schedule 8 by holding that an employer has no reasonable-adjustments duty only where it lacks, and could not reasonably be expected to have, knowledge of the employee’s disability and likely disadvantage. The BBC failed to establish that knowledge defence (see paras [20]-[23]; [48]-[49]).

3 more judgments, and what each says about Schedule 8, paragraph 20, are in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Amendments

  1. F313Words in Sch. 8 para. 20(1)(b) substituted (4.4.2011) by The Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011 (S.I. 2011/1060), arts. 1(2), 6(2)