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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.


    • Tribunal Watch
    • Disability discrimination
    • Disability

    Discrimination arising from disability: big payouts by employment tribunals

    by Stephen Simpson 30 Aug 2016
    by Stephen Simpson 30 Aug 2016

    In a number of recent disability discrimination claims, employment tribunals have found employers guilty of “discrimination arising from disability” under...

    • Reasonable adjustments
    • Disability
    • Equality, diversity and inclusion

    Deaf workers: one in four has quit a job because of discrimination

    by Clare Allerton 25 Aug 2016
    by Clare Allerton 25 Aug 2016

    One in four workers with hearing loss has been forced to quit a job because of discrimination, according to a...

    • Case law
    • Disability discrimination
    • Disability

    Dismissal of paraplegic employee angry over lack of wheelchair access

    by Clare Gregory and Aaron Lyons 23 Aug 2016
    by Clare Gregory and Aaron Lyons 23 Aug 2016

    The Employment Appeal Tribunal (EAT) held that it could be discrimination arising from disability to dismiss a disabled employee who...

    • Case law
    • Belief discrimination
    • Disability discrimination

    Belief in proper use of public money can be philosophical belief

    by Kate Hodgkiss 10 Aug 2016
    by Kate Hodgkiss 10 Aug 2016

    The Employment Appeal Tribunal (EAT) ordered the employment tribunal to reconsider whether or not a claimant’s philosophical belief in the...

    • Reasonable adjustments
    • Childcare
    • Case law

    Five important employment law cases in 2016… and five more to come

    by Stephen Simpson 21 Jul 2016
    by Stephen Simpson 21 Jul 2016

    Your annual summer round-up of the most important employment law cases 2016 has seen so far, and those still to come…

    • Reasonable adjustments
    • Case law
    • Disability discrimination

    Disability: NHS worker’s claim over blood phobia rejected

    by Ryan Stringer 7 Jun 2016
    by Ryan Stringer 7 Jun 2016

    The Employment Appeal Tribunal (EAT) has rejected a reasonable adjustments claim by an NHS worker with severe phobias of blood...

    • Reasonable adjustments
    • Dependent care
    • Family-friendly working

    Working carers: only one-third of employers offer support

    by Clare Allerton 6 Jun 2016
    by Clare Allerton 6 Jun 2016

    Employers are being urged to put processes in place to assist working carers, as research reveals that only one-third (34%)...

    • Stress
    • Tribunal Watch
    • Disability discrimination

    Dismissal over erratic behaviour was disability discrimination

    by Stephen Simpson 29 Apr 2016
    by Stephen Simpson 29 Apr 2016

    An employment tribunal has held that it was discrimination arising from disability for an employee with mental health problems to...

    • Tribunal Watch
    • Reasonable adjustments
    • Bullying and harassment

    Disability discrimination: “pull yourself together” comment to employee with depression

    by Stephen Simpson 15 Apr 2016
    by Stephen Simpson 15 Apr 2016

    An employment tribunal has held that a director’s comment to an employee with depression that “everyone gets depressed sometimes, you...

    • Case law
    • Disability discrimination
    • Disability

    Discrimination arising from disability: five examples from case law

    by Eleanor Gelder 4 Apr 2016
    by Eleanor Gelder 4 Apr 2016

    "Discrimination arising from disability" is a relatively new concept introduced...

    • Case law
    • Disability discrimination
    • Disability

    Meaning of disability: lifting up to 25kg is “normal day-to-day activity”

    by Imogen Noons 26 Feb 2016
    by Imogen Noons 26 Feb 2016

    Lifting up to 25kg is a “normal day-to-day activity” when deciding whether or not someone is disabled under the Equality...

    • Absence
    • Tribunal Watch
    • Reasonable adjustments

    Expensive employment tribunal awards: six-figure sums in 2015

    by Stephen Simpson 6 Jan 2016
    by Stephen Simpson 6 Jan 2016

    While employment tribunal fees have drastically reduced the number of cases and typical awards for claimants are generally four-figure sums,...

    • Absence
    • Reasonable adjustments
    • Case law

    Court of Appeal: disregarding disabled employee’s absence trigger was not reasonable adjustment

    by Stephen Simpson 10 Dec 2015
    by Stephen Simpson 10 Dec 2015

    It was not a reasonable adjustment for an employer to disregard absence triggers...

    • Case law
    • Disability discrimination
    • Disability

    Discrimination arising from disability: EAT decision makes claims easier

    by Imogen Noons 10 Dec 2015
    by Imogen Noons 10 Dec 2015

    DLA Piper’s latest case report highlights the relatively low obstacle that claimants have to hurdle when bringing a claim for...

    • Tribunal Watch
    • Collective redundancy
    • Agency workers

    The 10 most important employment law cases in 2015

    by Stephen Simpson 7 Dec 2015
    by Stephen Simpson 7 Dec 2015

    What were the most significant employment case law decisions in 2015? We count down the 10 most important judgments for employers this year.

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