Disability discrimination is when an employee is not treated as an equal or is treated unfairly becuase of their disability. This includes putting a disabled employee at a disadvantage because of their disability.
The wide scope of ‘disability’ covered under the Equality Act 2010
A disability discrimination case can be brought by existing employees, job applicants, workers employed on a contract personally to do work, apprentices and contract workers, eg many agency workers or those working for contracted- out services. There is no minimum qualifying service or hours required for a worker to make a claim.
The Equality Act does not simply protect a small number of people with visible disabilities. It can protect large numbers of people with invisible as well as obvious and visible disabilities. It may also protect those with temporary, but long-term, injuries or ill-health, who would not normally think of themselves or be considered by others as having a disability.
Disability discrimination under the Equality Act 2010
There are several different forms of disability discrimination under the Equality Act.
The following is only a list of issues covered under the act.
Who is “disabled” under the Equality Act 2010?
To gain the protection of the Equality Act, a worker must prove s/he meets the legal definition of disability in the Act.
The legal definition: overview
Section 6(1) of the EqA says:
"A person (P) has a disability if (a) P has a physical or mental impairment, and (b) the impairment has a substantial and long- term adverse effect on P’s ability to carry out normal day-to- day activities.”
Each element of this definition should be separately considered in the following stages:
Is there a physical or mental impairment?
Does the impairment have an effect on the worker’s ability to carry out normal day-to-day activities? Is the effect substantial?
Is the substantial effect long-term?
Ready?
Ask us anything about HR, Health & Safety or Employment Law. With over 60 years experience we promise to help.
