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Ben Jones
Ben Jones, Solicitor
Category: UK Employment Law
Satisfied Customers: 39028
Experience:  Expert in UK Employment Law
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PLEASE DO NOT PUSH ACCEPT ON THIS PROJECT BEFORE READING IT

Resolved Question:

PLEASE DO NOT PUSH ACCEPT ON THIS PROJECT BEFORE READING IT AND BEING AVAILABLE TO ANSWER IT. NO GRABBING IT BEFORE SOMEONE ELSE!

Equality Act failure to make reasonable adjustments question, provision of goods and services. If for example I had a hearing impairment and I made a request to a company for a reasonable adjustments. Let say I need written notes of communications or a sign language signer, as hearing errors were significant. This request was never responded to. There is a 6 month deadline for cases at county court for such cases. Lets say this deadline passes. Would the company then be legally allowed to never supply the Auxiliary Aids/Reasonable Adjustments?
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Ben Jones replied 1 year ago.

Ben Jones : Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Is there still an ongoing interaction with the company and an ongoing need for these adjustments?
Customer:

No but multi reasonable adjustment requests were made.

Customer:

All of them ignored in both actions and official response. Therefore, the working relationship broke down as it was impossible to work with them.

Ben Jones :

The duty to make reasonable adjustments is an ongoing one so it does not mean that if a request was made, it was ignored and the person is now past the stage where they can claim for this, that the organisation does not have to consider any future requests.

Ben Jones :

The time limit to claim would only refer to the specific incident

Ben Jones :

So it is possible for a future valid request to be made after the time limit to claim has passed and if this is again ignored then the time limit can start to run for this new cause of action

Customer:

Okay thats what I thought. Could you tell me the relevant case law on this?

Ben Jones :

Hi, this is not a matter of case law, this is statute - the Equality Act states that the time limits apply from the date of the act to which the complaint relates. Whilst you may not be able to include old acts unless you can show they were part of an ongoing case of discrimination and can link them, you can still claim for the isolated acts which are still in time.

Customer:

Please could you reference this to the statute?

Ben Jones : The relevant sections are here
Ben Jones : http://www.legislation.gov.uk/ukpga/2010/15/section/118
Ben Jones :

I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much

Customer:

Okay thank you all very useful :) But are you sure on this sentance:

Customer:

So it is possible for a future valid request to be made after the time limit to claim has passed and if this is again ignored then the time limit can start to run for this new cause of action

Customer:

As the Act states that:

Customer:

(6)For the purposes of this section—


(a)conduct extending over a period is to be treated as done at the end of the period;

Ben Jones :

the clause you have referred to deals with ongoing cases of discrimination, I did mention this above if I remember correctly:

"the Equality Act states that the time limits apply from the date of the act to which the complaint relates. Whilst you may not be able to include old acts unless you can show they were part of an ongoing case of discrimination and can link them, you can still claim for the isolated acts which are still in time."

Customer:

Okay, but the legislation you sent doesn't state that. How could I prove that to be the case?

Ben Jones :

this is dealt with under s. 123(3)(a):

http://www.legislation.gov.uk/ukpga/2010/15/section/123/prospective

This basically says that continuing acts, that can be linked, will be treated as one ongoing act and the time limit will start from the end of the act complained of. If they are not an ongoing act but separate incidents then each will have its own time limits

Ben Jones, Solicitor
Satisfied Customers: 39028
Experience: Expert in UK Employment Law
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Ben Jones
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Expert in UK Employment Law