Each week we will feature a short summary of a piece of employment law jargon with the aim of highlighting to employers key points to be aware of about the jargon being featured.
This article is on disability under the Equality Act 2010.
Under the Equality Act 2010 employees are protected from discrimination in respect of ‘protected characteristics’. Disability is one of the protected characteristics.
Employees who claim they have been subject to disability discrimination have to be able to show that they have or had a disability. The Equality Act 2010 contains a specific definition of ‘disability’. A person has a disability if they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. Each element of the definition has to be considered.
Some conditions, such as blindness, cancer and multiple sclerosis are deemed to be disabilities and some conditions are specifically excluded from the definition of disability, such as addiction to alcohol.
What are normal day-to-day activities?
Normal day-to-day activities for these purposes include ‘things people do on a regular or daily basis, and examples include shopping, reading and writing, having a conversation or using the telephone, watching television, getting washed and dressed, preparing and eating food, carrying out household tasks, walking and travelling by various forms of transport, and taking part in social activities’ (from the Equality Act 2010 Guidance).
What does long-term mean?
Long-term means the condition(s) has lasted or is likely to last at least 12 months or likely to last for the rest of the life of the person affected.
What does substantial mean?
Substantial means ‘more than minor or trivial’ with consideration focusing on the effects of the condition on the individual employee.
For more information
It is imperative that employers with employees who suffer from conditions that may amount to a disability are aware of the legal duty to make reasonable adjustments and take appropriate steps to ensure anyone who suffers from a disability at work is not subject to discrimination. We recommend seeking legal advice if there is any uncertainty.
Having an effective Equal Opportunities Policy in place is strongly recommended, together with appropriate awareness and training, to make it clear discriminatory treatment will not be tolerated and to increase confidence among employees about equality of opportunities.
For advice on any of the issues in this article or any other matter, please contact a member of our Employment Team on 01642 356 500.
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