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What reasonable adjustments can you ask for?

Nick Singer

04 September 2018

What is a Provision Criterion or Practice (a “PCP”)?

A provision criterion or practice (PCP) is a term used by the legal profession mainly during discrimination cases in the employment tribunal.

The term PCP is used in indirect discrimination claims and in order to prove indirect discrimination, firstly, an employee must establish that a provision criterion or practice has been applied to them in the workplace.

The employee must be able to show that the provision criterion or practice, when applied to them, puts them at a substantial disadvantage because of their protected characteristic.

Defining a provision criterion or practice

The Equality Act 2010 does not define “provision criterion or practice”, which means it has a very broad meaning. In effect, the employee simply has to show that something in the workplace, whether it’s a rule, a policy or practice, a requirement or a condition, put them at a disadvantage in compassion to others.

What reasonable adjustments can an employee ask for in the workplace? This question I put to expert employment barrister Nick Singer.

Video Transcript

Hello, my name's Mark Ferron MD of Castle Associates and as an employee what recent adjustments can you ask for in the workplace? Now, this is a question I put to employment barrister Nick Singer and he will explain.

Anything the process should be one of trying to identify what the PCP is and what their substantial disadvantage is and then once you've worked out. I should say as well assuming people know what a PCP is, it's a provision, criterion or practice that applies to all employees but puts a disabled person at substantial disadvantage, so what you need to do is you need to identify that PCP, identified the substantial disadvantage and figure out what the reasonable adjustments are actually required and to do that and it depends on that other case-by-case basis.

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