The requirements of the duty

Published: 19 February 2019

Last updated: 19 February 2019

Pages in this guide

What countries does this apply to?

  • England
  • Scotland
  • Wales

The duty contains three requirements that apply in situations where a disabled person would otherwise be placed at a substantial disadvantage compared with people who are not disabled.

The first requirement involves changing the way things are done (equality law talks about where the disabled job worker is put at a substantial disadvantage by a provision, criterion or practice of their employer). 

Example –

An employer has a policy that designated car parking spaces are only offered to senior managers. A worker who is not a manager, but has a mobility impairment and needs to park very close to the office, is given a designated car parking space. This is likely to be a reasonable adjustment to the employer's car parking policy.

The second requirement involves making changes to overcome barriers created by the physical features of your workplace.

Example –

Clear glass doors at the end of a corridor in a particular workplace present a hazard for a visually impaired worker. Adding stick-on signs or other indicators to the doors so that they become more visible is likely to be a reasonable adjustment for the employer to make.

The third requirement involves providing extra equipment (which equality law calls an auxiliary aid) or getting someone to do something to assist the disabled person (which equality law calls an auxiliary service).

Example –

An employer provides specialist software for a member of staff who develops a visual impairment and whose job involves using a computer.

Each of these requirements is looked at in more detail later in this part of the guide.

Advice and support

If you think you might have been treated unfairly and want further advice, you can contact the Equality Advisory and Support Service (EASS).

The EASS is an independent advice service, not operated by the Equality and Human Rights Commission.

Phone: 0808 800 0082
 

Or email using the contact form on the EASS website.
phone icon

Call the EASS on:

0808 800 0082

blue telephone icon
Call 0808 800 0082

Page updates

Published:

19 February 2019

Last updated:

19 February 2019