The definition of disability under the Equality Act 2010
A disabled under the Equality Act 2010 is someone with a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on their ability to do normal daily activities.
A mental health condition is considered a disability if it has a long-term effect on your normal day-to-day activity and this is defined under the Equality Act 2010
Hello, discrimination arising out of a disability, can unfavourable treatment be justified? That's the question I put your expert barrister that Nick Singer.
Are there occasions when treating someone unlawful because of their disability lawful in an employment tribunal?
Discrimination for something arising out of or as a consequence of a disability? Do you need to have a comparator in cases like these? This is the question I put to expert employment law barrister Nick Singer.
Discrimination for something arising out of or as a consequence of a disability? Section 15 of the Equality Act 2018. Discrimination arising out of a disability is this something difficult to prove or establish?
This is the question I put to expert employment law barrister Nick Singer.
Under the Equality Act 2010 an employer has a duty to take make reasonable adjustments when a workplace feature or practice puts a worker or job applicant with a disability at a disadvantage.
A disabled person is defined as someone with a physical or mental impairment that has a ‘substantial’ and ‘long-term’ effect on their ability to do normal daily activities (Equality Act 2010).
The Equality Act 2010 places a duty on all employers to make ‘reasonable adjustments’ to accommodate the needs of their disabled employees and any disabled job applicants.
Discrimination arising from disability: What are examples of discrimination arising from a disability?
Discrimination arising from or as a consequence of a disability is a concept which often catches employers out at an employment tribunal and below is a few examples:
The Equality Act 2010 makes it illegal to treat an employee unfavourably for something arising out of a disability.
The Equality Act 2010 makes it unlawful to discriminate against all employees (including workers) if they have a disability.
Discrimination arising out of a disability is where an employer treats their employee unfavourably because of something arising in consequence of that employee’s disability and the employer cannot show that the treatment is a proportionate means of achieving a legitimate aim. In other words, the employer must demonstrate that the measures taken were "reasonably necessary" in order to achieve its aims – which could be a business need or health and safety reason.
The employer has a duty to make reasonable adjustments when they have knowledge about their employee's disability.