What is a disability?

Robert Rocker

04 April 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.

What ‘substantial’ and ‘long-term’ mean

• ‘substantial’ is more than minor or trivial,
• ‘long-term’ means 12 months or more,

Expert employment solicitor Robert Rocker explains and answers some questions about disability discrimination and what is a disability?

Transcript of video

Hello my name is Mark Ferron from castle Associates speaking to employment law experts across the country. Now in this short video I'm speaking to employment law solicitor Robert Rocker about disability discrimination.

What is a disability?

So disability is any physical or mental impairment that has a substantial and long-term impact on an individual's ability to carry out his or her day-to-day activities.

What is disability discrimination?

Disability discrimination arises where an employer treats an employee with a disability less favourable than an employee who does not have such a disability and the employer cannot justify that treatment.

What are the different types of disability discrimination?

So disability discrimination can be direct or indirect. Direct disability discrimination is where the employer has a procedure in place that directly impacts on a disabled individual, whereas indirect disability discrimination occurs where the employer has a practice or procedure in place for everybody but that practice or procedure specifically affects a disabled employee.

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