An interesting development in Disability Discrimination Law
Under Section 6 (1) of the Equality Act 2010, a person is disabled if they (a) have a physical or mental impairment and (b) if the impairment has a substantial and long term adverse effect on their ability to carry out normal day to day activities. We are...Protected Characteristics – Equality Act
Society has to decide from time to time what it regards as a ‘Protected Characteristic’ for the purposes of the Equality Act 2010. The most recent additions have been age discrimination, gender reassignment, religious beliefs and sexual...What if an employer doesn’t know whether somebody is disabled or not?
It is not unusual for an employer to face a situation, particularly with mental health issues, where somebody might even be undiagnosed themselves, where they are not sure whether or not somebody has a medical condition. As regards the duty to make reasonable...What do you do if an employee raises something that might be a disability during a disciplinary hearing?
If an employee is accused of misconduct of some kind, their defence may well be that a core part of their condition was behind their behaviour. This is classic section 15 Equality Act 2010 territory. We have seen a string of cases where an employee is found to have...When an employee tries to mask their mental health condition using physical ailments
It is not uncommon for an employer to have an employee presenting with physical ailments when really underlying the position is a mental health condition. An employer can worry about the extent to which they are going to be found liable for disability...
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