Disability discrimination

Resources

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  DD01: What legislation governs disability discrimination in employment?

  The main piece of legislation governing disability discrimination in Great Britain is the Equality Act 2010. For cases arising before 1 October 2010 the key legislation was...
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  DD02: Which employers are exempt from the disability discrimination legislation?

  The Equality Act 2010, which came into force from 1 October 2010 onwards, echoes the position in previous disability discrimination legislation in that there are...
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  DD03: What is the definition of 'disability' for the purposes of the disability discrimination legislation?

  The Equality Act 2010 widens the range of individuals who can benefit from disability discrimination protection from 1 October 2010...
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  DD04: Are individuals with recurring, varying or managed conditions suffering from a disability?

  The approach to take when assessing whether a person is disabled is set out in the related question on the definition of disability. Basically, since provisions in the Equality Act 2010 came into force...
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  DD05: What are normal day to day activities for the purposes of disability discrimination legislation?

  The expression 'normal day-to-day activities' is used under the Equality Act 2010. The Act abandoned the list of capacities from 1 October 2010, relying instead on...
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  DD06: What types of discrimination claim can a disabled employee or job applicant make against an employer?

  The types of discrimination claim a disabled employee or applicant can make under the Equality Act 2010 are...
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  DD07: How does the comparison work in disability discrimination claims?

  The correct comparator in a claim for disability discrimination has been a complex issue under the Disability Discrimination Act 1995. However, the Equality Act 2010 has attempted to...
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  DD08: Is an employer vulnerable to disability discrimination claims if they do not accommodate an able bodied employee's need to care for a disabled family member?

  The issue of accommodating an able-bodied employee’s need to care for a disabled family member has been a complex issue under legislation. However, the Equality Act 2010 introduced...
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  DD09: What adjustments are employers expected to make for a disabled employee?

  The appropriate adjustments that employers are expected to make under the Equality Act 2010 are set out below...
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  DD10: How can an employer decide whether an adjustment for a disabled employee is reasonable?

  There are lots of cases brought by employees who disagreee with the employer about whether an adjustment is reasonable or not. In determining whether...
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  DD11: Can an employer avoid making a reduction in working hours for an employee who is suffering from depression?

  An employer will only be able to avoid making a reduction in working hours for an employee who is suffering from depression with great difficulty under the Equality Act...
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  DD12: Can an employer justify not making an adjustment for a disabled employee at all?

  Once an adjustment has been found to be reasonable, then a failure to carry it out cannot be justified...
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  DD13: Can an employer discriminate without having knowledge of an employee's disability?

  Basically, an employer can discriminate without having knowledge of the disability. There have been numerous cases pre-Equality Act 2010...
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  DD14: Can an employer dismiss an employee for misconduct if they have a disability?

  Yes, if a disabled employee genuinely commits sufficiently serious misconduct then an employer is entitled to dismiss that employee subject to...
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  DD15: Can a disabled employee be dismissed on the grounds of ill health?

  Yes, if an employee can no longer fulfill their duties because of their disability, an employer is entitled to dismiss that employee subject to...
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  DD16: Is it disability discrimination for an employer to ask job applicants to complete a pre-employment medical questionnaire or medical check?

  The short answer to this question is that under the Equality Act 2010 it is unlawful, except in certain circumstances, for employers to ask about...
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  DD17: Is it disability discrimination for an employer to reduce pay in a situation related to ill health absence?

  Yes, it could be it disability discrimination for an employer to reduce pay in a situation related to ill health absence if the underlying reason for the absence is...
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  DD18: What are the time limits for a disability discrimination claim?

  A claim may be brought to an employment tribunal within three months from the date of the last discriminatory act...
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  DD19: What is the financial exposure for disability discrimination compensation?

  If a disability discrimination complaint is upheld, the employment tribunal may take the following actions...
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  DD20: How do the disability discrimination provisions in the Equality Act 2010 affect recruitment?

  In the recruitment process, it is unlawful for an employer to discriminate against a disabled person in...