Source: Discrimination Case Law Guide Issue: 2006 Date: 01-02-2006 Publisher: IRS

Disability discrimination: Meaning of disability

TOPICS:
equal opportunities disability

AUTHOR: Michael Rubenstein

CASES: below is a list of cases discussed in this article. Click the case title for more XpertHR resources on the case and related cases.

Abadeh v British Telecommunications plc [2001] IRLR 23 EAT (4 reports)
Cruickshank v VAW Motorcast Ltd [2002] IRLR 24 EAT (4 reports)
Ekpe v Commissioner of Police of the Metropolis [2001] IRLR 605 EAT (5 reports)
Goodwin v The Patent Office [1999] IRLR 4 EAT (4 reports)
Greenwood v British Airways plc [1999] IRLR 600 EAT (2 reports)
Kapadia v London Borough of Lambeth [2000] IRLR 14 EAT (3 reports)
Law Hospital NHS Trust v Rush [2001] IRLR 611 CS (4 reports)
Leonard v Southern Derbyshire Chamber of Commerce [2001] IRLR 19 EAT (3 reports)
Mowat-Brown v University of Surrey [2002] IRLR 235 EAT (6 reports)
Vicary v British Telecommunications plc [1999] IRLR 680 EAT (4 reports)
McNicol v Balfour Beatty Rail Maintenance Ltd [2002] IRLR 711 CA (4 reports)
Morgan v Staffordshire University [2002] IRLR 190 EAT (4 reports)
Power v Panasonic UK Ltd [2003] IRLR 151 EAT (3 reports)
Kirton v Tetrosyl Ltd [2003] IRLR 353 CA (4 reports)
Murray v Newham Citizens Advice Bureau Ltd [2003] IRLR 340 EAT (4 reports)
Woodrup v London Borough of Southwark [2003] IRLR 111 CA (2 reports)
Rugamer v Sony Music Entertainment UK Ltd; McNicol v Balfour Beatty Rail Maintenance Ltd [2001] IRLR 644 EAT (3 reports)
Swift v Chief Constable of Wiltshire Constabulary [2004] IRLR 540 EAT (6 reports)
Hewett v Motorola Ltd [2004] IRLR 545 EAT (3 reports)
Carden v Pickerings Europe Ltd [2005] IRLR 720 EAT (5 reports)
Dunham v Ashford Windows [2005] IRLR 608 EAT (5 reports)
Edmund Nuttall Limited v Butterfield [2005] IRLR 751 EAT (5 reports)
Kapadia v London Borough of Lambeth [2000] IRLR 699 CA (2 reports)


This section of the Discrimination Case Law Guide looks at the meaning of disability in disability discrimination cases.

General approach
Excluded conditions
Meaning of impairment
Long-term effects
Normal day-to-day activities
Recurring conditions
Substantial adverse effects
Effect of medical treatment
Progressive conditions

(1) Subject to the provisions of Schedule 1, a person has a disability for the purposes of this Act if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.

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