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Disability

The Equality Act 2010 sets out a definition of disability, which must be met for an individual to be protected from disability discrimination. Where an individual meets the definition of disability, the employer has a duty to make reasonable adjustments to enable him or her to overcome disadvantages in the workplace.

An employee will be disabled under the Equality Act 2010 if he or she has a physical or mental impairment that affects the ability to carry out normal day-to-day activities. The adverse effect on this ability must be substantial and long term.


    • National living wage
    • Auto-enrolment
    • Brexit

    Tory manifesto: National retraining, NI holidays and more gap reporting

    by Rob Moss 18 May 2017
    by Rob Moss 18 May 2017

    Theresa May launched the Conservative Party’s 2017 election manifesto today, and for HR and employers there are no big surprises....

    • Employee-shareholders
    • National living wage
    • Childcare

    Liberal Democrat manifesto: guarantees for EU workers and stricter corporate governance

    by Jo Faragher 17 May 2017
    by Jo Faragher 17 May 2017

    The Liberal Democrat Party’s official manifesto has been released today and includes a raft of proposals around employment rights, equality...

    • Tribunal Watch
    • Disability discrimination
    • Disability

    Social media misconduct: dismissal harsh but fair

    by Stephen Simpson 17 May 2017
    by Stephen Simpson 17 May 2017

    An employment tribunal has held that the dismissal of a long-serving employee over derogatory comments she made on Facebook about...

    • Stress
    • Disability discrimination
    • Disability

    How would scrapping the 12-month mental health requirement affect employers?

    by Yvonne Gallagher 15 May 2017
    by Yvonne Gallagher 15 May 2017

    Proposed changes by the Conservatives could see people with shorter-term mental health issues protected by disability discrimination laws. Yvonne Gallagher...

    • Reasonable adjustments
    • Case law
    • Disability discrimination

    Recruitment: psychometric test was discriminatory, holds EAT

    by Personnel Today 8 May 2017
    by Personnel Today 8 May 2017

    Recruiters will have to be more careful about adjustments to the format of recruitment assessments for disabled job applicants, following...

    • Absence
    • Fit for Work
    • Employment law

    Short-term sickness absence policy: a 15-step guide for HR

    by Stephen Simpson 3 May 2017
    by Stephen Simpson 3 May 2017

    Putting together a short-term sickness absence policy can be one of the most daunting tasks an HR professional can face....

    • Absence
    • Employment law
    • Fit for Work

    Long-term sickness absence policy: a 16-step guide for HR

    by Stephen Simpson 3 May 2017
    by Stephen Simpson 3 May 2017

    A watertight long-term sickness absence policy can give employees who are off work for an extended period the best chance...

    • Absence
    • Employment law
    • Disability discrimination

    Long-term sick leave dismissals: court guidance on borderline cases

    by Personnel Today 21 Mar 2017
    by Personnel Today 21 Mar 2017

    The Court of Appeal has provided guidance on when employers can dismiss an employee on long-term sick leave, in what...

    • Reasonable adjustments
    • Disability discrimination
    • Disability

    Mental health at work: look at the causes as well as the cure

    by Howard Hymanson and Charlie Thompson 1 Feb 2017
    by Howard Hymanson and Charlie Thompson 1 Feb 2017

    Theresa May recently pledged to tackle the stigma around mental health problems with a host of new initiatives. However, HR...

    • Tribunal Watch
    • Age discrimination
    • Bullying and harassment

    Tribunal Watch: Teacher’s dismissal for showing 18-rated film to pupils

    by Stephen Simpson 9 Jan 2017
    by Stephen Simpson 9 Jan 2017

    Tribunal Watch returns with a round-up of recent case law reported in the news. The Employment Appeal Tribunal (EAT) upheld...

    • Reasonable adjustments
    • Case law
    • Employment law

    Duty to make reasonable adjustments: five tips from case law

    by Eleanor Gelder 5 Dec 2016
    by Eleanor Gelder 5 Dec 2016

    The duty to make reasonable adjustments for disabled workers requires employers to consider what is “reasonable”. But how can employers...

    • Reasonable adjustments
    • Enhanced pay
    • Case law

    The 10 most important employment law cases in 2016

    by Stephen Simpson 30 Nov 2016
    by Stephen Simpson 30 Nov 2016

    What were the most significant employment case law decisions in 2016? Stephen Simpson counts down the 10 most important judgments...

    • Reasonable adjustments
    • Disability
    • Disability discrimination

    Tips for dealing with difficult pre-employment medical screening issues

    by Katie Wooller 8 Nov 2016
    by Katie Wooller 8 Nov 2016

    The Equality Act 2010 introduced a ban on pre-employment medical screening before a job offer is made. Six years on,...

    • Disability

    How can employers help to close the “autism employment gap”?

    by Claire Scullin 31 Oct 2016
    by Claire Scullin 31 Oct 2016

    A report published last week by the National Autistic Society has called on employers to help close the “autism employment...

    • Acas
    • Reasonable adjustments
    • Equality, diversity and inclusion

    National Dyslexia Week: time for employers to celebrate neurodiversity at work

    by Andrew Sutherland 6 Oct 2016
    by Andrew Sutherland 6 Oct 2016

    To coincide with National Dyslexia Week, Acas has published research on policies and practices which can help staff with neurological...

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