Discrimination

Under s 4A(3)(b) of the Disability Discrimination Act 1995, an employer is exempt from the duty to make adjustments if each of four matters can be satisfied, namely that the employer (i) does not know that the disabled person has a disability; (ii) does not know that the disabled person is likely to be at a substantial disadvantage compared with persons who are not disabled; (iii) could not reasonably be expected to know that the disabled person had a disability; and (iv) could not reasonably be expected to know that the disabled person is likely to be placed at a substantial disadvantage in comparison with persons who are not disabled. These requirements are cumulative, not alternative.