Equality Act 2010 Sch.8 para.5 – 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),

(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.

Definitions used in Schedule 8, paragraph 5 4

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

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

substantial

“substantial” means more than minor or trivial;

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

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

Cases considering Schedule 8, paragraph 5 3

Hainsworth v Ministry of Defence

[2014] EWCA Civ 763 · 13 May 2014Defines

Paragraph 5(1) of Schedule 8 was treated as defining the relevant matter and disabled person by reference to employment applicants and employees. On the literal reading, it excluded the claimant’s daughter as beneficiary (see paras [13]–[14]; [38]).

Hibbert v The Home Office & Ors (Disability Discrimination)

[2013] UKEAT 0138_13_2410 · 24 October 2013Interprets

The court treated employment as the relevant matter for the reasonable-adjustment duty. It considered that employment probably included dismissal, but found it unnecessary finally to determine that point because a contractual term or practice treating misconduct as dismissible could itself be a provision, criterion or practice. (see paras [24]-[25])

Hafeez Ahmed v Department for Work and Pensions

[2024] EAT 84 · 10 June 2024Defines

Schedule 8 paragraph 5 defines the relevant matter for an existing employee as employment by the employer. (see para [22])

What each judgment says about Schedule 8, paragraph 5 is in the case-law panel in the full Act.