• Find us on:

Disability discrimination


This page can be viewed with a Gold Library Subscription. For £19.99 you can access the information and guidance here for 3 months. Log in if you already have a subscription to this page.

Disability under the Equality Act
Disability is a protected characteristic under Section 6 of the Equality Act 2010 (EQA 2010).This page explains the definition of disability under the Act and provides you with the resources to structure your grievance or employment tribunal claim correctly.
You have a disability if you have an impairment that has a substantial and long-term adverse effect on your ability to carry out normal daily activities. Section 39 EQA 2010 makes it unlawful for an employer to discriminate against disabled people who are;

actual and prospective employees;
ex-e...

You can access this page with a subscription. Follow the library link above to subscribe.


News

In disability discrimination claims, employers have a duty to make reasonable adjustments if the disabled person has been put at a substantial disadvantage by a ‘provision, criterion or practice’ (PCP) imposed by the employer compared to someone who is not disabled [section 20 Equality Act 2010]. A PCP also forms part of the definition of indirect discrimination [section 19 Equality Act 2010].

In Ishola v Transport for London [2020], the question for the Court of Appeal was whether a PCP can be a one-off act, or if it had to be continuing acts…Read more

[see How to prepare a Scott Schedule for a direct discrimination claim, How to prepare a Scott Schedule for a victimisation claim, How to prepare a Scott Schedule for a harassment claim, How to prepare a Scott Schedule for a sexual harassment claim, How to ask questions about discrimination at work, How to write a grievance about discrimination]

Actions

DISCLAIMER

The information and content on this website is provided for general information purposes only and is not intended to constitute legal or other professional advice. Legal information or content on this website relates only to the laws of England and Wales. You should not take any actions based on information found on this website without first seeking appropriate legal advice with respect to your specific matter. No representations or warranties are made about the suitability, currentness, comprehensiveness and/or accuracy of the information and other content contained on this website. It should be noted that legal information and content can rapidly become out of date and we give no undertaking to keep this website up to date. All liability for any loss or damage of any kind which may be suffered as a result of accessing and using the information and/or content of this website is hereby excluded to the full extent permitted by law.