ada-failure-to-accommodate-complaint

name	ada-failure-to-accommodate-complaint
language	en
description	Atticus UK/Scots legal skill for ada-failure-to-accommodate-complaint. [Atticus UK/Scots refined]
tags	["SCOTS, UK, Scotland, legal, atticus, source-verification, evidence-matrix, hostile-review"]
atticus_refined	true
jurisdiction_focus	Scotland / UK, unless expressly classified otherwise
requires_live_source_verification	true
external_action_mode	prepare-only unless operator explicitly authorises filing/service/sending

Failure to Accommodate Complaint (Equality Act 2010)

Atticus UK/Scots Legal Excellence Overlay

Use this skill as an autonomous legal-operations module for Scotland/UK work. Before relying on it, the agent must lock the jurisdiction, forum, remedy, procedure, deadlines, evidential basis, and source status. Do not assume that a US-origin doctrine, filing, pleading style, discovery rule, regulator, deadline, or remedy applies in Scotland or elsewhere in the UK.

Mandatory operating rules

1. Jurisdiction lock. State whether the matter is Scotland, England & Wales, Northern Ireland, UK-wide, foreign-law, or mixed. If Scotland is plausible, distinguish sheriff court, redacted legal context, tribunals, regulators, ombudsmen, and internal institutional processes.
2. Official-source hierarchy. Prefer legislation.gov.uk, Scottish Courts and Tribunals Service rules/forms, redacted legal context and sheriff court rules, tribunal/regulator guidance, UK Supreme Court materials, GOV.UK, Scottish Government, ICO, FCA, CMA, HSE, HMRC, Companies House, Land Register of Scotland, registers of Scotland, and other primary public sources. Treat secondary commentary as orientation only.
3. Live verification. Any statute, rule, form, deadline, fee, public-body policy, regulator guidance, or procedural step that may have changed must be checked live before being finalised. Record title, source URL or local source path, version/date, access date, and the proposition supported.
4. Evidence discipline. Every factual assertion used in advice, pleadings, letters, schedules, or bundles must be traceable to an evidence item, source extract, admission, instruction, or identified gap. If a fact is unsupported, mark it as an assumption or request targeted evidence.
5. Element-by-element reasoning. Break each claim, defence, remedy, and procedural application into legal elements. Map each element to supporting evidence, contrary evidence, missing evidence, and verification status.
6. Autonomous depth. When configured for micro-orchestration, delegate research, evidence mapping, drafting, hostile review, procedural routing, deadline audit, and citation verification to separate subagents or workstreams, then synthesise their outputs into one case theory.
7. External-action boundary. Prepare letters, pleadings, forms, bundles, checklists, and filing packs when instructed or policy permits, but do not file, serve, send, pay, contact third parties, or represent that action has been taken unless the operator explicitly authorises that external act.
8. Uncertainty handling. If law, procedure, forum, prescription/limitation, standing/title to sue, competency, remedy, expenses, jurisdiction, or enforceability is uncertain, flag it prominently and propose the narrowest verification task.

Expected work product

Where proportionate, produce a chronology, issue map, source log, evidence matrix, merits/risk table, remedy/damages table, procedural route note, draft document, bundle index, service/filing checklist, and operator handoff note. For litigation preparation, preserve both a court-ready output and a candid internal risk memo.

Drafts an employment tribunal claim or court action for failure-to-accommodate claims under the Equality Act 2010 - s. 15 (discrimination arising from disability), s. 20 (duty to make reasonable adjustments), and s. 21 (failure to comply). Structures all required sections to satisfy the applicable pleading standards.

Prerequisites

Gather before drafting:

• Claimant - full legal name, address, postcode
• Disability - diagnosis, functional limitations, treating practitioner (EqA 2010, s. 6, Sch. 1)
• Adjustment request - date, form (oral/written), recipient, exact adjustment sought, supporting medical evidence
• Respondent - legal name, business form, principal place of business, employer size (EqA 2010 applies regardless of size except for excluded posts)
• Adverse action - dismissal, detriment, denial of service, constructive dismissal with dates and stated reasons
• ACAS record (employment only) - Early Conciliation certificate number, date issued
• Remedy - loss of earnings (start date), pension loss, injury to feelings, out-of-pocket expenses, medical records

Complaint Structure

Caption & Header

Employment Tribunal:

• ET1 format: case number, claimant name, respondent name; claimant described as having a disability within the meaning of s. 6, EqA 2010
• Title: CLAIM OF DISCRIMINATION ARISING FROM DISABILITY / FAILURE TO MAKE REASONABLE ADJUSTMENTS UNDER THE EQUALITY ACT 2010

Sheriff Court / redacted legal context (service-provider or public-function claims):

• Court name and Sheriffdom (or Outer House for redacted legal context); full party names; pursuer identified as "a disabled person within s. 6 EqA 2010"
• Title: INITIAL WRIT [or SUMMONS] FOR FAILURE TO PROVIDE REASONABLE ADJUSTMENTS UNDER THE EQUALITY ACT 2010

I. Nature of the Action

2 to 4 sentences: statute invoked (Equality Act 2010, ss. 15, 20 to 21, or s. 29), claimant's/pursuer's disability and limitation, adjustment denied, harm suffered.

II. Parties

Party	Allege
Claimant/Pursuer	Name, address, disability status under s. 6 and Sch. 1 EqA 2010
Respondent/Defender (employment)	Legal name, business form; note EqA has no minimum employee threshold (unlike ADA)
Defender (service provision)	Owns/operates place of public access or service; s. 29 EqA 2010

III. Jurisdiction & Time Limits

Basis	Citation / Note
Employment Tribunal	Employment Tribunals Act 1996; The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
Sheriff Court (s. 29 claims)	EqA 2010, s. 113; Sheriff Court Rules; Sheriff Courts (Scotland) Act 1907
redacted legal context (complex claims)	EqA 2010, s. 113; Rules of the redacted legal context 1994

ACAS Early Conciliation (employment claims):

1. ACAS EC certificate obtained before presenting claim (s. 18A Employment Tribunals Act 1996)
2. Claim presented within 3 months less one day of the act of discrimination (s. 123 EqA 2010) - extended by mandatory conciliation period
3. Time limit is strict: the 3-month window runs from the last act of discrimination; continuing acts may reset the clock
4. Attach ACAS Early Conciliation certificate

Non-employment claims (s. 29):

• Sheriff Court or redacted legal context: 6 months for redacted legal context claims; otherwise within 5 years (prescription) - seek specialist advice on limitation, No ACAS requirement

IV. Factual Allegations

Draft numbered paragraphs in chronological order:

1. Disability - impairment type; substantial adverse effect on day-to-day activities per ss. 6 & 15 EqA 2010 and Sch. 1; reference medical evidence
2. Ability to work / access services - relevant education, experience, performance; competence or eligibility to use the service
3. Adjustment request - date, form, recipient, precise adjustment sought, supporting medical evidence
4. Duty to make adjustments - respondent/defender knew or ought reasonably to have known of disability; duty arose under s. 20 EqA 2010 (provision, criterion or practice; physical feature; auxiliary aid)
5. Knowledge of disability - what the respondent/defender knew, when, and from whom; constructive knowledge if obvious
6. Denial and adverse action - quote refusal verbatim if available; date and stated reasons for dismissal/detriment/exclusion
7. Rebuttal of justification - adjustment was reasonable; cost, practicability, and disruption arguments addressed per EHRC Code of Practice
8. Comparative treatment - reasonable adjustments provided to others in similar position (if available)
9. Remedy - loss of earnings, pension loss, injury to feelings (Vento bands: see updated amounts [VERIFY]), out-of-pocket expenses, medical treatment costs

V. Grounds of Claim

Ground 1 - Section 15 EqA 2010: Discrimination arising from disability:

• Claimant has a disability (s. 6, Sch. 1)
• Respondent treated the claimant unfavourably
• The treatment was because of something arising in consequence of the disability
• Respondent knew or ought to have known of the disability
• The unfavourable treatment was not a proportionate means of achieving a legitimate aim
• Claimant suffered detriment as a result

Ground 2 - Sections 20 to 21 EqA 2010: Failure to comply with duty to make reasonable adjustments:

• Claimant has a disability (s. 6)
• A provision, criterion or practice (PCP) / physical feature / lack of auxiliary aid placed claimant at a substantial disadvantage
• Respondent knew or ought reasonably to have known of the disadvantage
• Respondent failed to take reasonable steps to avoid the disadvantage
• Claimant suffered detriment as a result

Ground 3 - Section 29 EqA 2010 (service provision/public functions, if applicable):

• Claimant has a disability
• Defender provides services / exercises a public function (s. 29(1))
• Claimant sought to use the service or access the function
• Defender failed to make reasonable adjustments (s. 20, applied via s. 29(7))
• Defender treated claimant unfavourably (s. 29(6)) because of disability
• No justification defence applies

Ground 4 - Section 27 EqA 2010: Victimisation (if applicable):

• Claimant did a protected act (request for adjustments, complaint of discrimination)
• Respondent subjected claimant to a detriment
• Because of the protected act

Sch. 18 EqA 2010 - Public sector equality duty (if applicable): Cite the specific equality duty and how it was breached.

VI. Remedy Sought

Employment Tribunal:

• Declaration of unlawful discrimination (s. 124 EqA 2010)
• Compensation for injury to feelings (Vento bands: lower, middle, upper - [VERIFY current amounts])
• Compensation for financial loss: past and future loss of earnings, pension loss, loss of statutory rights, Interest on compensation (Employment Tribunals (Interest on Awards in Discrimination Cases) Regulations 1996)
• Recommendation that respondent take specified steps to obviate/reduce adverse effect (s. 124(3)(c))
• Aggravated damages (if there was malice or spite, note: distinct from punitive damages; available in ET claims)

Sheriff Court / redacted legal context (s. 29 claims):

• Declarator, Interdict (injunction) to require adjustments, Specific implement of the duty, Damages for injury to feelings and financial loss, Aggravated damages (limited availability)
• Expenses (costs follow success, judicial expenses rule)

Do not plead specific amounts in ET1 unless instructed (the ET will assess at remedy hearing).

VII. Jury / Hearing

Employment Tribunal: No jury. Hearing before an employment judge (sitting alone or with lay members depending on complexity). Tick "Yes" for disability discrimination claim on ET1.

Sheriff Court / redacted legal context: Jury available for delictual claims (personal injury), but rare for EqA claims. Proof (bench trial) is the usual forum.

VIII. Signature Block

Employment Tribunal (ET1): Claimant or representative signs and dates; representative details (firm, address, reference). ET1 includes statement of truth declaration.

Sheriff Court (Initial Writ): Date, solicitor signature, Law Society of Scotland registration number, firm name, address, phone, email. "Solicitor for the Pursuer." Include verification as required by Sheriff Court Rules.

redacted legal context (Summons): Date, advocate/solicitor-advocate signature, Faculty of Advocates roll number or Law Society number.

Pitfalls and Checks

• Do not confuse US ADA and EqA 2010 - EqA has no minimum size threshold for employers; the duty to make adjustments is anticipatory, not triggered only by a request
• Time limits are unforgiving - 3 months less one day for employment ET claims (s. 123 EqA 2010); only the ET can extend where a 'reasonably practicable' test is met, rarely successful
• EHRC Code of Practice - the statutory Code of Practice on Employment (2011) is admissible in evidence; depart from it at your peril
• Substantial disadvantage - the duty to adjust only arises where the PCP/physical feature/absence of auxiliary aid puts the disabled person at a substantial disadvantage (more than minor or trivial)
• Knowledge of disability - constructive knowledge applies where it was 'reasonably foreseeable' that the person was disabled; train clients to document their awareness
• ACAS Early Conciliation - mandatory for all employment EqA claims; get the certificate number before drafting ET1
• Injury to feelings - assess against Vento bands (updated annually); do not over-plead without supporting medical evidence
• No punitive damages in Scots/UK law - do not plead punitive damages; aggravated damages are available in limited circumstances (malice, spite, oppressive conduct)
• Group proceedings - EqA claims can be brought as group proceedings (Employment Tribunals only) but only if opt-in; no US-style class actions
• Exhibits - attach ACAS EC certificate; attach the adjustment request and any written refusal; attach relevant medical evidence

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Scotland/UK Adaptation

This skill has been adapted from US ADA materials for use under the Equality Act 2010 in Scotland and the rest of the UK.

Legislation replacement:

• ADA (42 U.S.C. §§ 12101 to 12213) → Equality Act 2010 (EqA 2010), ss. 6, 15, 19 to 21, 27, 29, 113 to 124
• ADAAA 2008 → EqA 2010 amendments and EqA 2010 (Disability) Regulations 2010
• EEOC → EHRC (Equality and Human Rights Commission) and ACAS (employment conciliation)

Terminology conversions:

US	Scotland/UK
Plaintiff (employment)	Claimant
Plaintiff (civil)	Pursuer
Defendant (employment)	Respondent
Defendant (civil)	Defender
Complaint	ET1 (employment tribunal) or Initial Writ/Summons (civil)
Discovery / disclosure	Disclosure / Commission and Diligence
Injunction / TRO	Interdict / Interim Interdict
Summary Judgment	Summary Decree
Trial	Proof (civil) / Hearing (ET)
Attorney	Solicitor / Advocate
Punitive damages	Not available in Scots/UK law, use aggravated damages where malice shown
Fee-shifting (prevailing party)	Judicial expenses follow success - 'loser pays' rule
Class action	Group proceedings, opt-in only, limited availability (introduced 2018)

Court / tribunal route:

• Employment claims → Employment Tribunal (with appeal to Employment Appeal Tribunal and then to Inner House / redacted legal context)
• Service provision / public function claims (s. 29) → Sheriff Court (most claims) or redacted legal context (Outer House) for high-value/complex claims, Time limits: 3 months less one day (employment ET); 6 months for redacted legal context of public decisions; 5 years for civil EqA claims (prescription)

Scotland-specific procedural notes:

1. Employment Tribunal rules in Scotland follow the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013; practice differs slightly from England & Wales (separate regional ET offices in Glasgow, Edinburgh, Aberdeen, Dundee)
2. Sheriff Court claims use Ordinary Cause or Simple Procedure depending on value (Sheriff Court Rules / Act of Sederunt); Simple Procedure for claims under £5,000
3. Legal aid may be available through the Scottish Legal Aid Board (SLAB) for EqA claims in the Sheriff Court or redacted legal context, not for Employment Tribunal claims
4. The Equality Act 2010 extends to Scotland in full, but certain specific Scottish public authorities have their own duties under the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012
5. Vento bands for injury to feelings are adjusted annually by the Employment Tribunal in Scotland and England (same bands apply); [VERIFY current amounts, typically separate Presidential Guidance for Scotland]
6. No contingency fees in Scotland; speculative fee arrangements (no win, no fee) are available for civil EqA claims in the Sheriff Court / redacted legal context, subject to regulation

Foreign-Law / US-Origin Guardrail

This skill may contain inherited US terminology. For Scotland/UK use, translate rather than copy. Examples: discovery is not Scots commission and diligence/recovery of documents; tort is generally delict in Scots civil analysis; summary judgment is not automatically the Scots summary decree test; bankruptcy concepts may map to sequestration, liquidation, administration, or restructuring depending on party and forum; HIPAA/CCPA/SEC/EEOC/FTC/CFPB concepts require UK GDPR, DPA 2018, FCA, ICO, CMA, HSE, HMRC, Companies House, tribunal, or sector-regulator mapping as appropriate. If the matter is genuinely US or foreign-law, quarantine the foreign-law analysis and warn that local counsel/source verification is required.

Final Quality Gate (Mandatory)

Before marking the task complete, confirm:

• Jurisdiction/forum/procedure have been identified and are not imported from the wrong legal system.
• Current law, rules, forms, fees, deadlines, and public-body guidance have been verified from official sources where necessary.
• Every material factual assertion is tied to evidence, a source, an admission, an instruction, or a clearly labelled assumption.
• Prescription, limitation, time bar, appeal periods, service rules, competency, standing/title to sue, expenses/costs exposure, and enforcement have been considered where relevant.
• The output separates client-facing conclusions from internal risk analysis.
• Drafts include placeholders only where evidence or instructions are genuinely missing; no fabricated citations, authorities, quotes, dates, forms, or procedural steps are allowed.
• A hostile reviewer could reconstruct the reasoning from the evidence matrix and source log.