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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.


    • Reasonable adjustments
    • Associative discrimination
    • Disability discrimination

    Five disability discrimination cases brought by carers against their employers

    by Stephen Simpson 15 May 2014
    by Stephen Simpson 15 May 2014

    Employers should be alert to the possibility of committing disability discrimination against an individual with a relative who has a...

    • Reasonable adjustments
    • Police
    • Employment law

    Police officer forced to retire wins disability discrimination case

    by Jo Faragher 30 Apr 2014
    by Jo Faragher 30 Apr 2014

    A police officer who was forced to retire following an injury has won £230,215 in compensation.
    Mr Horler, who worked...

    • Reasonable adjustments
    • Case law
    • Employment law

    Ruling may give disabled employees more time for reasonable adjustment claims

    by Nic Paton 13 Mar 2014
    by Nic Paton 13 Mar 2014

    The potential for employers to be exposed to disability discrimination claims from a failure to make reasonable adjustments has been...

    • Reasonable adjustments
    • Disability discrimination
    • Equality, diversity and inclusion

    Disability discrimination: 10 conditions employers might overlook

    by Stephen Simpson 6 Mar 2014
    by Stephen Simpson 6 Mar 2014

    One of the first things that HR professionals, line managers and occupational health specialists should learn about disability discrimination is...

    • Tribunal Watch
    • Disability discrimination
    • Disability

    Tribunal watch: Welfare officer argues that phobia of dead bodies is a disability

    by Stephen Simpson 24 Feb 2014
    by Stephen Simpson 24 Feb 2014

    A weekly round-up of links to stories about employment tribunal rulings reported the previous week...

    • Associative discrimination
    • Employment law
    • Equality, diversity and inclusion

    Could an employer be found to be discriminatory where an employee’s relative has a disability?

    by Rob Moss 7 Aug 2013
    by Rob Moss 7 Aug 2013

    Where an employer unfairly treats an employee because of their association with someone with a disability it can be found...

    • Employment law
    • Equality, diversity and inclusion
    • Disability

    Nut allergy and ezcema both found to be disabilities

    by Personnel Today 7 Aug 2013
    by Personnel Today 7 Aug 2013

    Occupational health has come under the spotlight in two employment tribunals, with a chef’s serious nut allergy and a worker’s...

    • Vexatious claims
    • Case law
    • Employment law

    Unmeritorious claimant ordered to pay around £60,000 in costs

    by David Bradley 30 Jul 2013
    by David Bradley 30 Jul 2013

    Vaughan v London Borough of Lewisham and othersIn DLA Piper’s case of the week, Vaughan v London Borough of Lewisham...

    • Case law
    • Employment law
    • Equality, diversity and inclusion

    Effect, not cause, of condition is the key when considering disability

    by Mary Clarke 17 Jul 2013
    by Mary Clarke 17 Jul 2013

    Foster v Cardiff UniversityIn DLA Piper’s case of the week, the Employment Appeal Tribunal (EAT) considered the issue of reasonable...

    • Stress
    • Alcohol and drug misuse
    • Absence

    Managing long-term sickness absence (webinar)

    by Personnel Today 17 May 2013
    by Personnel Today 17 May 2013

    Wednesday 5 June 2013 2:00pm BST
    Employers have to expect a certain amount of staff sickness absence and many implement...

    • Reasonable adjustments
    • Equality, diversity and inclusion
    • Recruitment & retention

    How to comply with the duty to make reasonable adjustments during the recruitment process

    by Janice Nairns 10 May 2013
    by Janice Nairns 10 May 2013

    Summary Click on any of the hyperlinks to go to more detailed guidance below. Recognise that there is a statutory...

    • Constructive dismissal
    • Employment law
    • Local authorities

    Council pays employee more than £500,000 following false theft allegation

    by John Eccleston 12 Apr 2013
    by John Eccleston 12 Apr 2013

    Council pays employee more than £500,000 following false theft allegation

    A former council employee has been awarded a settlement of more than half...

    • Employment law
    • Equality, diversity and inclusion
    • Disability

    Legal opinion: Is obesity the next big workplace discrimination issue?

    by Sheila Fahy 8 Apr 2013
    by Sheila Fahy 8 Apr 2013

    With an increasing number of British adults classed as overweight or obese, the issue of whether or not obesity can...

    • Reasonable adjustments
    • Health and safety
    • Wellbeing

    Reasonable adjustments and the ticking clock of the law

    by Personnel Today 1 Apr 2013
    by Personnel Today 1 Apr 2013

    Employers know that they have a responsibility to make reasonable adjustments for employees with disabilities, but a new case has...

    • Reasonable adjustments
    • Employment law
    • Equality, diversity and inclusion

    Legal opinion: What are ‘day-to-day activities’ under the Equality Act definition of disability?

    by Victoria Clark 23 Jan 2013
    by Victoria Clark 23 Jan 2013

    Capability and disability can be tricky waters for employers to navigate, despite often having the best intentions. When considering whether...

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