EMP7
DISABILITY DISCRIMINATION - PLAN
Is the Client 3 months (LESS A DAY) from the date of the unlawful act (s123(1)).
Eligible to oReasonable Adjustments:
bring a Claim? Runs from point the employer makes it clear that no adjustment/further
adjustment can be made.
Where the employer does nothing time will run from when, if the employer had
been acting reasonably, it would have made the adjustment.
The Tribunal has discretion to extend the time period if it thinks it “just and
equitable” (123(1)(b)).
Employee - Defined under s83 - EA 2010
Post-termination discrimination Able to bring a claim whenever after act – s108 prohibits
discrimination after relationships have ended
Does the s6(1): A person has a disability if he has:
Client have a à A physical or mental impairment:
Disability? o What is the claimant suffering from?
(s6) o Not necessary to consider how the impairment was caused. The effect is what is
important- means that self-inflicted conditions can amount to an “impairment”
à Which has a substantial adverse effect…
o Substantial = “more than minor or trivial” (s212).
ALL SCH. An impairment which ceases to have a substantial adverse effect is to be
REFERENCES = treated as continuing if that effect is likely to recur (Sch 1, para 1).
EQ ACT 2010 Progressive conditions (e.g. rheumatoid arthritis) do not have to have a
substantial adverse effect if the condition is likely to result in such an
impairment (Sch 1, para 8). However, they need to have some effect.
o Discount the effect of any medical treatment which lessens the impact of the
adverse effect (Sch 1, Para 5(1)).
à These effects must be long term…
o Sch1, para 2: If the effect of an impairment:
Has lasted for 12 months+
Is likely to last for 12 months+
Is likely to last for the rest of the life of the person affected.
o The word ‘likely’ should be interpreted as meaning ‘could well happen’ rather than
‘more likely than not’ i.e. it is not a balance of probabilities standard (SCA
Packaging Ltd v Boyle [2009]
à Must affect the Claimant’s ability to carry out normal day-to-day activities. (s 6(1))
o EqA 2010 ODI Guidance: “things people do on a regular or daily basis”.
à Guidance states that ‘normal day-to-day activities’ are things that people do on a regular or daily
basis, such as shopping, reading, 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 (Para D3).
o Does not include specialised activities such as “playing a musical instrument…, activities where very
specific skills or level of ability are required; or playing a particular sport to a high level of ability” (para
D9).
o Severe Disfigurement: (e.g. facial burns / scarring on face) is deemed to have a substantial effect on
the ability of the person to carry out normal day-to-day activities (Sch 1, para 3).
o Blindness: people who are certified blind are automatically deemed to have a disability (The Equality
Act 2010 (Disability) Regulations 2010).
Past disabilities Past disabilities, for example a mental illness which is now cured, are protected under Sch. 1, para 9 to the Act
DISABILITY DISCRIMINATION - PLAN
Is the Client 3 months (LESS A DAY) from the date of the unlawful act (s123(1)).
Eligible to oReasonable Adjustments:
bring a Claim? Runs from point the employer makes it clear that no adjustment/further
adjustment can be made.
Where the employer does nothing time will run from when, if the employer had
been acting reasonably, it would have made the adjustment.
The Tribunal has discretion to extend the time period if it thinks it “just and
equitable” (123(1)(b)).
Employee - Defined under s83 - EA 2010
Post-termination discrimination Able to bring a claim whenever after act – s108 prohibits
discrimination after relationships have ended
Does the s6(1): A person has a disability if he has:
Client have a à A physical or mental impairment:
Disability? o What is the claimant suffering from?
(s6) o Not necessary to consider how the impairment was caused. The effect is what is
important- means that self-inflicted conditions can amount to an “impairment”
à Which has a substantial adverse effect…
o Substantial = “more than minor or trivial” (s212).
ALL SCH. An impairment which ceases to have a substantial adverse effect is to be
REFERENCES = treated as continuing if that effect is likely to recur (Sch 1, para 1).
EQ ACT 2010 Progressive conditions (e.g. rheumatoid arthritis) do not have to have a
substantial adverse effect if the condition is likely to result in such an
impairment (Sch 1, para 8). However, they need to have some effect.
o Discount the effect of any medical treatment which lessens the impact of the
adverse effect (Sch 1, Para 5(1)).
à These effects must be long term…
o Sch1, para 2: If the effect of an impairment:
Has lasted for 12 months+
Is likely to last for 12 months+
Is likely to last for the rest of the life of the person affected.
o The word ‘likely’ should be interpreted as meaning ‘could well happen’ rather than
‘more likely than not’ i.e. it is not a balance of probabilities standard (SCA
Packaging Ltd v Boyle [2009]
à Must affect the Claimant’s ability to carry out normal day-to-day activities. (s 6(1))
o EqA 2010 ODI Guidance: “things people do on a regular or daily basis”.
à Guidance states that ‘normal day-to-day activities’ are things that people do on a regular or daily
basis, such as shopping, reading, 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 (Para D3).
o Does not include specialised activities such as “playing a musical instrument…, activities where very
specific skills or level of ability are required; or playing a particular sport to a high level of ability” (para
D9).
o Severe Disfigurement: (e.g. facial burns / scarring on face) is deemed to have a substantial effect on
the ability of the person to carry out normal day-to-day activities (Sch 1, para 3).
o Blindness: people who are certified blind are automatically deemed to have a disability (The Equality
Act 2010 (Disability) Regulations 2010).
Past disabilities Past disabilities, for example a mental illness which is now cured, are protected under Sch. 1, para 9 to the Act
