(72-78)

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

(72-78)

Schedule 8 — Work: reasonable adjustments
Part 2 — Interested disabled person

is the provision of vocational training within the meaning given by section
53(8)(b)).
      (2)
The reference in section 19(3), (4) and (5) to a disabled person is to an
interested disabled person.
      (3)
In relation to each requirement, the relevant matter is the employment
service which A provides.
      (4)
Sub-paragraph (5) of paragraph 2 applies for the purposes of this paragraph
as it applies for the purposes of that paragraph.
Part 2
Interested disabled person
Preliminary
4
An interested disabled person is a disabled person who, in relation to a
relevant matter, is of a description specified in the second column of the
applicable table in this Part of this Schedule.
Employers (see section 36)
5     (1)
This paragraph applies where A is an employer.

Relevant matter
Description of disabled person

Deciding to whom to offer
A person who is, or has notified A that

employment.
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 19(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))—
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Schedule 8 — Work: reasonable adjustments
Part 2 — Interested disabled person

(a)
the reference in section 19(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 19(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.
Principals in contract work (see section 38)
6     (1)
This paragraph applies where A is a principal.

Relevant matter
Description of disabled person

Contract work that A may make
A person who is, or has notified A

available.
that the person may be, an applicant

to do the work.

Contract work that A makes
A person who is supplied to do the

available.
work.

      (2)
A is not required to do anything that a disabled person’s employer is
required to do by virtue of paragraph 5.
Partnerships (see section 41)
7     (1)
This paragraph applies where A is a firm or a proposed firm.

Relevant matter
Description of disabled person

Deciding to whom to offer a
A person who is, or has notified A that

position as a partner.
the person may be, a candidate for the

position.

A position as a partner.
A candidate for the position.

The partner who holds the position.

      (2)
Where a firm or proposed firm (A) is required by this Schedule to take a step
in relation to an interested disabled person (B)—
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EXPLANATORY NOTES

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Schedule 8 — Work: reasonable adjustments
Part 2 — Interested disabled person

(a)
the cost of taking the step is to be treated as an expense of A;
(b)
the extent to which B should (if B is or becomes a partner) bear the
cost is not to exceed such amount as is reasonable (having regard in
particular to B’s entitlement to share in A’s profits).
LLPs (see section 42)
8     (1)
This paragraph applies where A is an LLP or a proposed LLP.

Relevant matter
Description of disabled person

Deciding to whom to offer a
A person who is, or has notified A that

position as a member.
the person may be, a candidate for the

position.

A position as a member.
A candidate for the position.

The member who holds the position.

      (2)
Where an LLP or proposed LLP (A) is required by this Schedule to take a
step in relation to an interested disabled person (B)—
(a)
the cost of taking the step is to be treated as an expense of A;
(b)
the extent to which B should (if B is or becomes a member) bear the
cost is not to exceed such amount as is reasonable (having regard in
particular to B’s entitlement to share in A’s profits).
Barristers and their clerks (see section 44)
9
This paragraph applies where A is a barrister or barrister’s clerk.

Relevant matter
Description of disabled person

Deciding to whom to offer a
A person who is, or has notified A that

pupillage or tenancy.
the person may be, an applicant for the

pupillage or tenancy.

A pupillage or tenancy.
An applicant for the pupillage or

tenancy.

The pupil or tenant.

Advocates and their clerks (see section 45)
10
This paragraph applies where A is an advocate or advocate’s clerk.
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Schedule 8 — Work: reasonable adjustments
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Relevant matter
Description of disabled person

Deciding who to offer to take as a
A person who applies, or has notified

devil or to whom to offer
A that the person may apply, to be

membership of a stable.
taken as a devil or to become a

member of the stable.

The relationship with a devil or
An applicant to be taken as a devil or

membership of a stable.
to become a member of the stable.

The devil or member.

Persons making appointments to offices etc. (see sections 46 to 48)
11
This paragraph applies where A is a person who has the power to make an
appointment to a personal or public office.

Relevant matter
Description of disabled person

Deciding to whom to offer the
A person who is, or has notified A that

appointment.
the person may be, seeking the

appointment.

A person who is being considered for

the appointment.

Appointment to the office.
A person who is seeking, or being

considered for, appointment to the

office.

12
This paragraph applies where A is a relevant person in relation to a personal
or public office.

Relevant matter
Description of disabled person

Appointment to the office.
A person appointed to the office.

13
This paragraph applies where A is a person who has the power to make a
recommendation for, or give approval to, an appointment to a public office.
176