Equality Act 2010, duty on a service-provider to make reasonable adjustments for disabled persons
Equality Act 2010, c. 15, s. 20, Sch. 2
In force since .
An AI sector rules rule binding public and private bodies.
- Private right of action
- Yes
- Instrument type
- an act of a legislature
- Obligation class
- Prohibition
- Audit expectation
- none
As of .
What it requires
- It reaches you if you operate as a service-provider, meaning a person concerned with the provision of a service to the public or a section of the public (for payment or not), or exercise a public function that is not the provision of such a service: where a provision, criterion or practice of yours puts disabled persons generally at a substantial disadvantage in relation to the provision of the service in comparison with persons who are not disabled, take such steps as it is reasonable to have to take to avoid the disadvantage (Equality Act 2010, section 29(7), section 20(3), Schedule 2 paragraph 2(1), (2) and (4)).
- Where a physical feature puts disabled persons generally at a substantial disadvantage in relation to the provision of the service, take such steps as it is reasonable to have to take to avoid the disadvantage or to adopt a reasonable alternative method of providing the service (section 20(4), Schedule 2 paragraph 2(3)).
- Where a disabled person would, but for the provision of an auxiliary aid, be put at a substantial disadvantage in relation to the provision of the service, take such steps as it is reasonable to have to take to provide the auxiliary aid, which includes an auxiliary service (section 20(5) and (11)).
- Where the first or third requirement relates to the provision of information, include among the steps you take steps for ensuring that the information is provided in an accessible format (section 20(6)).
- Do not require a disabled person, in relation to whom you must comply with the duty, to pay to any extent your costs of complying with it, unless an express provision provides otherwise (section 20(7)).
Who enforces it
Enforcement body
The county court in England and Wales and the sheriff in Scotland, which have jurisdiction to determine a claim relating to a contravention of Part 3 (services and public functions)
What this law does
Section 20 of the Equality Act 2010 applies where the Act imposes a duty to make reasonable adjustments on a person, together with sections 21 and 22 and the applicable Schedule. For Part 3 (services and public functions) the applicable Schedule is Schedule 2. Section 29(7) applies a duty to make reasonable adjustments to a service-provider and to a person who exercises a public function that is not the provision of a service to the public or a section of the public.
The first requirement is, where a provision, criterion or practice of the person's 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. The second requirement is the same duty where a physical feature puts a disabled person at a substantial disadvantage.
The third requirement is, where a disabled person would, but for the provision of an auxiliary aid, be put at a substantial disadvantage, to take such steps as it is reasonable to have to take to provide the auxiliary aid. An auxiliary aid includes an auxiliary service. Where the first or third requirement relates to the provision of information, the steps which it is reasonable to have to take include steps for ensuring that the information is provided in an accessible format.
The person subject to the duty is not, subject to express provision to the contrary, entitled to require a disabled person to pay to any extent the costs of complying with it. Under Schedule 2 a service-provider must comply with the first, second and third requirements. For that purpose the reference in section 20(3), (4) or (5) to a disabled person is to disabled persons generally.
In relation to each requirement the relevant matter is the provision of the service, or the exercise of the function, by the person subject to the duty. For the second requirement, the steps may be to avoid the disadvantage or to adopt a reasonable alternative method of providing the service or exercising the function. Nothing in the paragraph requires a service-provider to take a step which would fundamentally alter the nature of the service or the nature of its trade or profession.
A failure to comply with the first, second or third requirement is a failure to comply with a duty to make reasonable adjustments. A person discriminates against a disabled person if the person fails to comply with that duty in relation to that disabled person. The county court in England and Wales, or the sheriff in Scotland, has jurisdiction to determine a claim relating to a contravention of Part 3. That jurisdiction under section 114(1)(a) does not extend to a claim within section 115.
Sections 15 to 21 of the Act, which include section 20, came into force on . Paragraph 2 of Schedule 2 was wholly in force on , having come into force for certain purposes on . Only sections 82, 105(3) and (4) and 199 of the Equality Act 2010 form part of the law of Northern Ireland, so the Act's provisions on services do not extend there.
When LexLint raises it
When your app profile says your app makes high-risk automated decisions.