Unjustifiable Hardship
An organisation or business may be able to successfully defend itself against a DDA complaint if it can prove to a court that providing access would cause an unjustifiable hardship.
A court would evaluated many factors when considering the defence of unjustifiable hardship including those of
If adjustments cause hardship it is up to the organisation to clearly demonstrate that they are unjustified.
Nevertheless, before deciding that providing access is an unjustifiable hardship, a person or organisation should:
An organisation or business may be able to successfully defend itself against a DDA complaint if it can prove to a court that providing access would cause an unjustifiable hardship.
A court would evaluated many factors when considering the defence of unjustifiable hardship including those of
- Cost
- Technical difficulties
- Use of the building
- The effect the proposed changes might have on particular heritage features
If adjustments cause hardship it is up to the organisation to clearly demonstrate that they are unjustified.
Nevertheless, before deciding that providing access is an unjustifiable hardship, a person or organisation should:
- Thoroughly explore how access might be provided
- Discuss this directly with the person involved
- Consult relevant source advice, such as an Obvius Access Disability Access Consultant.
