This Practice Note considers the principles and application of the duty to make reasonable adjustments for disabled people in employment. The duty to make reasonable adjustments is described by the Equality and Human Rights Commission (EHRC) as a cornerstone of the Equality Act 2010 (EqA 2010) and requires employers to take positive steps to ensure that disabled people can access and progress in employment. This goes beyond simply avoiding treating disabled workers, job applicants and potential job applicants unfavourably and means taking additional steps to which non-disabled workers and applicants are not entitled. Discrimination against a disabled person occurs where an employer fails to comply with a duty to make reasonable adjustments imposed on them in relation to that disabled person. Where a person treats or would treat disabled people more favourably than they would treat people who are not disabled, this will not amount to direct discrimination (see Practice Note: Direct discrimination). Hence any step taken under the duty to make reasonable adjustments which has the effect of treating disabled people more favourably will

Duty to mitigate refers to the obligation on a party who has suffered loss (typically following a breach of contract or tort/delict) to take reasonable steps to reduce that loss, rather than allowing it to accumulate. A claimant cannot recover damages for losses that could reasonably have been avoided.In England and Wales and Northern Ireland, the duty to mitigate is a common law principle developed through case law, especially in contract and tort. In Ireland and Scotland, the concept is similar, with Scottish law treating it as part of the rules on remoteness and quantification of damages in delict and contract. Across all four jurisdictions, the test is one of reasonableness, judged at the time of the alleged mitigation steps, not with hindsight.The duty does not require a claimant to take undue risk, incur disproportionate expense, or sacrifice substantial legal rights. A failure to mitigate does not extinguish the claim but limits recoverable damages to the loss that would have been suffered had reasonable mitigation occurred. The concept is routinely applied in commercial litigation, employment disputes, property damage claims and personal injury cases.

A duty to warn of inadequacies discovered in designs produced, or works carried out, by others. Such a duty may arise by way of an term'>implied term and/or in tort.

This Practice Note examines the extent to which contractors, sub-contractors and consultants have a duty to warn their employer of inadequacies that they discover in designs that have been produced, or works that have been carried out, by others. If a contractor or a sub-contractor identifies an error in designs that are provided to it, for it to build, by their employer or a consultant, does the contractor/sub-contractor have a duty to draw such flaws to the attention of its employer? If a consultant thinks that a contractor is carrying out (or may carry out) works negligently, should it warn its client? What is its potential liability if it does not? When does a duty to warn arise? There is no general ‘duty to warn’ in English law but, in certain circumstances, such a duty can be imposed. Implied duty Under some building contracts, the contractor has express design responsibility and therefore is clearly responsible for any flaws or inadequacies in it (see Practice Note: Design liability in construction contracts). In others, where the contractor/sub-contractor does

For more detail on the role of the client, see: • the Building Regulations 2010, SI 2010/2214 and the Building Regulations etc. (Amendment)(England) Regulations 2023, SI 2023/911 (and where the works relate to HRBs, the Building (Higher-Risk Buildings Procedures)(England) Regulations 2023, SI 2023/909) (together the ‘Dutyholder Regs’) • Practice Note: Building regulations: the Dutyholders • where the work relates to HRBs, see Practice Note: Building Safety Act 2022—design and construction requirements of the higher-risk building regime Making suitable arrangements The client must make suitable arrangements for planning, managing and monitoring a project (including the allocation of sufficient time and other resources) so as to ensure compliance with all relevant requirements. Arrangements are ‘suitable’ if they: • ensure that the design work is carried out so that the building work to which the design relates, if built, would be in compliance with all relevant requirements • ensure the building work is carried out in accordance with all relevant requirements • enable the designers and contractors to co-operate with each other to ensure compliance with all relevant requirements, and • provide for

For more detail on the role of the principal contractor, see: • the Building Regulations 2010, SI 2010/2214 and the Building Regulations etc (Amendment) (England) Regulations 2023, SI 2023/911 (and where the works relate to higher-risk buildings (HRBs), the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023, SI 2023/909) (‘Dutyholder Regs’) • PAS 8672:2022 Built environment. Framework for competence of individual Principal Contractors. Specification (to be purchased via the BSI website) • Building safety competence information for principal contractors and principal designers (HSE consultation document) • DLUHC Guidance on Collaborative Procurement for Design and Construction to Support Building Safety: An Overview • Practice Note: Building regulations: the Dutyholders • where the work relates to HRBs, Practice Note: Building Safety Act 2022—design and construction requirements of the higher-risk building regime Appointment of the principal contractor The principal contractor must be appointed in writing by the client on any project where there is more than one contractor. The appointment must be made as soon as practicable and either, where the works relate to an HRB, before an application for building control

For more detail on the role of the principal designer, see: • the Building Regulations 2010, SI 2010/2214 and the Building Regulations etc (Amendment) (England) Regulations 2023, SI 2023/911 (and where the works relate to HRBs, the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023, SI 2023/909) (‘Dutyholder Regs’) • PAS 8671:2022 Built environment. Framework for competence of individual Principal Designers. Specification (to be purchased via the BSI website) • Building safety competence information for principal contractors and principal designers (HSE consultation document) • DLUHC Guidance on Collaborative Procurement for Design and Construction to Support Building Safety: An Overview • Practice Note: Building regulations: the Dutyholders • where the work relates to HRBs, Practice Note: Building Safety Act 2022—design and construction requirements of the higher-risk building regime Appointment of the principal designer The principal designer must be appointed in writing by the client on any project where there is more than one contractor. The appointment must be made as soon as practicable and either, where the works relate to an HRB, before an application for building control approval

A dwelling includes: • a building or part of a building which is used or suitable for use as a single dwelling or is in the process of being constructed or adapted for such use • gardens and grounds • land which subsists for the benefit of the dwelling • off plan purchases where the building has not yet been constructed

CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the decision of 3 August 2023; it is no longer maintained. NOTE—appeal lodged before the CAT in Dye & Durham Limited and Dye & Durham (UK) Limited v CMA (1586/4/12/23) See further, timeline. Case facts Outline UK merger investigation into the completed acquisition by Dye & Durham (UK) Limited of TM Group (UK) Limited. The parties overlap in the supply of property search reports in England and Wales ordered by conveyancers and intermediaries during the due diligence process in property transactions. Latest developments On 3 August 2022, the CMA issued its final report in its phase 2 investigation, finding that the transaction has resulted, or may be expected to result, in an SLC in the market for the supply of property search services. To remedy the SLC, the CMA decided that the most effective remedy is the complete divestment of TMG (ie, to unwind the transaction). Parties • Dye & Durham Limited (D&D): D&D is a leading provider

CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the judgment of 10 July 2023; it is no longer maintained. See further, timeline. Case facts Outline An appeal by Dye & Durham Limited and Dye & Durham (UK) Limited against the CMA’s decision of 29 March 2023 concerning the divestment of TMG Group (UK) Limited, following the CMA’s final report in its phase 2 investigation into the completed acquisition by Dye & Durham (UK) Limited of TMG Group (UK) Limited. Latest development On 21 May 2021, the CAT issued its judgment in which it unanimously dismissed the appeal. It held that the CAT had not erred in: (i) concluding that the proposal put forward by Dye & Durham (UK) Limited would require a variation of the final divestment undertaking; (ii) deciding not to vary the final undertakings to incorporate Dye & Durham (UK) Limited’s proposal; and (iii) concluding that the purchaser approval criteria (independence, competence and capacity) would not be satisfied by Dye & Durham

STOP PRESS: As of 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) are in force. Procurements begun on or after this date must be carried out under PA 2023, whereas those begun under the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed under that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023. This content relates to the Procurement Act 2023 regime This practical guidance is about public procurement under the Procurement Act 2023 (PA 2023). PA 2023 introduces dynamic markets. The concept itself is not a new one, dynamic markets replace dynamic purchasing systems (DPSs), which appeared in the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102. For practical guidance on DPSs, see Practice Note: Introduction to framework agreements and dynamic purchasing systems. What are dynamic markets? A dynamic market is a list of pre-approved

Law360, London: Dyson will dispute claims in England that it did nothing about allegations of forced labour at Malaysian factories making components for the appliance manufacturer after the Supreme Court refused it permission to challenge jurisdiction in the case any further.