EMPLOYMENT LAW & PRACTICE
DISABILITY DISCRIMINATION
Outcomes
By the end of this unit, you should be able to:
✓ Explain and apply the definition of “disability”.
✓ Identify relevant facts obtained from a client seeking to make a disability discrimination
claim.
✓ Analyse facts to advise a client on the prospects of succeeding in a claim.
✓ Identify the practical steps a client needs to take to progress the claim against the
employer.
Unit Workshop Tasks
In this unit workshop you will
✓ Review the Preparatory Task to apply the definition of disability under s6 Equality Act 2010.
✓ Analyse a client’s instructions to identify potential claims arising under the Equality Act
2010.
✓ Advise on overlapping claims following a discriminatory dismissal.
Contents
Disability Discrimination 2
- Is there an Unlawful Act 4
- Burden of proof 5
- PCP 5
What Type of Claim 7
Vicarious liability 13
not for resale or distribution
, EMPLOYMENT LAW & PRACTICE
Disability Discrimination
Ch13, p481
Key Terms
Always mention in full, and then abbreviate
Equality Act 2010 EqA10
Provision, Criterion or Practice PCP
Employment Tribunal EAT
EHRC Code of Practice on Employment ECHR Code
Equality Act Guidance Guidance
*Equality Act 2010, s4 Disability (a protected characteristic)*
Is the Client ❖ 3 months (LESS A DAY) from the date of the unlawful act (s123(1)).
Eligible to bring o Reasonable Adjustments:
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.
▪ Matuszowicz v Kingston upon Hull City Council [2009]
EWCA Civ 22.
❖ The Tribunal has discretion to extend the time period if it thinks it “just
and equitable” (s123(1)(b)).
Does the Client s6(1): a person has a disability if he has:
have a
Disability? (s6) (1) 13.3.2 A physical or mental impairment:
13.3. o What is the claimant suffering from? ALWAYS MENTION
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” (Walker v Sita
Information Networking Computing Ltd (UKEAT/0097/12)).
(2) 13.3.4 Which has a substantial adverse effect…
o Substantial = “more than minor or trivial” (s212)(1).
▪ An impairment which ceases to have a substantial adverse
effect is to be treated as continuing if that effect is likely to
recur (Sch 1, para 1).
▪ 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.
not for resale or distribution
DISABILITY DISCRIMINATION
Outcomes
By the end of this unit, you should be able to:
✓ Explain and apply the definition of “disability”.
✓ Identify relevant facts obtained from a client seeking to make a disability discrimination
claim.
✓ Analyse facts to advise a client on the prospects of succeeding in a claim.
✓ Identify the practical steps a client needs to take to progress the claim against the
employer.
Unit Workshop Tasks
In this unit workshop you will
✓ Review the Preparatory Task to apply the definition of disability under s6 Equality Act 2010.
✓ Analyse a client’s instructions to identify potential claims arising under the Equality Act
2010.
✓ Advise on overlapping claims following a discriminatory dismissal.
Contents
Disability Discrimination 2
- Is there an Unlawful Act 4
- Burden of proof 5
- PCP 5
What Type of Claim 7
Vicarious liability 13
not for resale or distribution
, EMPLOYMENT LAW & PRACTICE
Disability Discrimination
Ch13, p481
Key Terms
Always mention in full, and then abbreviate
Equality Act 2010 EqA10
Provision, Criterion or Practice PCP
Employment Tribunal EAT
EHRC Code of Practice on Employment ECHR Code
Equality Act Guidance Guidance
*Equality Act 2010, s4 Disability (a protected characteristic)*
Is the Client ❖ 3 months (LESS A DAY) from the date of the unlawful act (s123(1)).
Eligible to bring o Reasonable Adjustments:
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.
▪ Matuszowicz v Kingston upon Hull City Council [2009]
EWCA Civ 22.
❖ The Tribunal has discretion to extend the time period if it thinks it “just
and equitable” (s123(1)(b)).
Does the Client s6(1): a person has a disability if he has:
have a
Disability? (s6) (1) 13.3.2 A physical or mental impairment:
13.3. o What is the claimant suffering from? ALWAYS MENTION
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” (Walker v Sita
Information Networking Computing Ltd (UKEAT/0097/12)).
(2) 13.3.4 Which has a substantial adverse effect…
o Substantial = “more than minor or trivial” (s212)(1).
▪ An impairment which ceases to have a substantial adverse
effect is to be treated as continuing if that effect is likely to
recur (Sch 1, para 1).
▪ 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.
not for resale or distribution
