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Disability

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04/04/2018

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.

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27/03/2018

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

Embedded thumbnail for Can unfavourable treatment be justified? Ask the Expert

30/10/2018

Hello, discrimination arising out of a disability, can unfavourable treatment be justified? That's the question I put your expert barrister that Nick Singer.

Embedded thumbnail for Can you justify disability discrimination? Ask the Expert

17/07/2018

Are there occasions when treating someone unlawful because of their disability lawful in an employment tribunal?

Embedded thumbnail for Discrimination arising out of a disability, do you need a comparator?

13/11/2018

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.

Embedded thumbnail for Discrimination arising out of a disability, is this something difficult to prove or establish?

27/11/2018

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.

Embedded thumbnail for How do you assess what a reasonable adjustment is? Ask the Expert

07/08/2018

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.

Embedded thumbnail for Is it easy to prove a disability in the workplace?

06/03/2018

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).

Embedded thumbnail for Reasonable adjustment temporary or permanent? Ask the Expert

28/08/2018

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.

Embedded thumbnail for What are examples of discrimination arising from a disability? Ask the Expert

09/10/2018

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:

Embedded thumbnail for What are some examples of unfavourable treatment? Ask the Expert

23/10/2018

The Equality Act 2010 makes it illegal to treat an employee unfavourably for something arising out of a disability.

Embedded thumbnail for What is a disability? Ask the Expert

12/06/2018

The Equality Act 2010 makes it unlawful to discriminate against all employees (including workers) if they have a disability.

Embedded thumbnail for What is discrimination arising from disability? Ask the Expert

25/09/2018

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.

Embedded thumbnail for When is a reasonable adjustment unreasonable? Ask the Expert

14/08/2018

The employer has a duty to make reasonable adjustments when they have knowledge about their employee's disability.

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