Annex D - Guidance on Reasonable Adjustments in Pupillage and Tenancy Requirements

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The Disability Discrimination Act (DDA) places a positive duty on barristers and their clerks to make a 'reasonable adjustment' which would enable a disabled person to be recruited as a pupil or tenant in chambers, or to enable a pupil or barrister who becomes disabled to remain in self-employed practice. It is good practice to indicate in chambers' brochures, recruitment literature and policy documents that a request for a 'reasonable adjustment' will be fully considered. A failure to consider a ‘reasonable adjustment’ in the case of a disabled person will be a breach of the DDA. The 'reasonable adjustment' may relate to the selection process or working environment. A contact person should be identified and chambers should ensure arrangements are in place for responding to such requests. Where a person identifies themselves as disabled it is good practice to consult them on their needs and how these can be addressed.

In determining whether an adjustment is reasonable the following should be taken into account:

· the effectiveness of the adjustment in overcoming the disability;

· how practicable is the adjustment;

· the cost of the adjustment. The resources of chambers are relevant but the availability of assistance from other sources should be considered, such as from the access to work programme operated through job centres.

The following are examples of some 'reasonable adjustments':

· applications submitted in alternative formats to the standard written application form such as on cassette tape or electronically;

· accessible venue provided for the interview;

· alterations to the physical features of premises such as widening of doors to enable wheel chair entry, lift installation or changing of colour schemes that may restrict visibility;

· purchase of specialist equipment such as mini-com or enlarged VDU;

· re-allocation of job tasks

· re-location of work station

· provision of a carer or reader

· alteration of normal working hours.

An access audit of chambers will indicate general disability access requirements. There are many adjustments that can be made with little or no cost. In relation to recruitment of pupils and tenants adjustments specific to the individual maybe required. It is recommended that persons invited to interview are asked to specify what kind of adjustment, if any, they require. Existing pupils and tenants, who are or become disabled, should similarly be asked to specify any adjustments. Expert advice can be obtained from the Disability Rights Commission and the relevant specialist charities such as the RNIB, RNID and MIND. Website information is provided at annexe A.

The Equality and Diversity (Disability) Committee has practical information about appropriate reasonable adjustments in self-employed practice and can be contacted through the Equality and Diversity Advisers. Also, examples of reasonable adjustments are given in Annex J, Practical guidance on Service Provision for Disabled Clients.

The access to work programme provides practical advice and support to disabled people and their employers to help overcome work related obstacles resulting from disability. Employers or the self-employed practitioner or pupil can contact the programme through Job Centre Plus offices. The application process can be lengthy and pupils are recommended to apply as soon as they receive an offer of pupillage. It can provide, for example, a sign language interpreter for interviewing a person who is deaf or has a hearing impairment, a reader if a person is blind or has a visual impairment, specialist equipment to suit a disabled person's particular needs in work, adaptations to premises or existing equipment and help to travel to work if a disability prevents the use of public transport. The programme may meet costs of up to £20,000 plus per annum.