The Government's consultation on draft guidance on the definition of disability highlights that under the Equality Act 2010 an individual will not have to demonstrate that, where an impairment adversely affects his or her ability to carry out a normal day-to-day activity, that activity involves one of a specified list of capacities, such as mobility, speech, or the ability to understand.
The Disability Discrimination Act 1995 provides that an impairment is to be taken as adversely affecting an individual's ability to carry out a normal day-to-day activity effect only if it affects one of eight capacities, which are:
- mobility;
- manual dexterity;
- physical coordination;
- continence;
- ability to lift, carry or otherwise move everyday objects;
- speech, hearing or eyesight;
- memory or ability to concentrate, learn or understand; and
- the perception of the risk of physical danger.
It is thought that the list is unduly restrictive and it is therefore being removed by the Equality Act 2010. It will be left to tribunals to make a common-sense decision as to whether or not a particular impairment has a substantial effect on day-to-day activities. It is likely that it will make it easier for claimants to show that they are disabled.
Additional resources on XpertHR
Outlook video: Equality Act - disability XpertHR's head of content Jo Stubbs and group editor David Shepherd have discuss changes to the law on disability discrimination that will be brought in by the Equality Act 2010.
Disability discrimination under the Equality Act 2010 [subscription required] In addition, we have published an article taking a detailed look at how the Equality Act 2010 deals with disability discrimination and how the current disability discrimination regime will change when the new provisions come into force.
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Comments (3)
Hi
I am one of 4 Facilities Technicians. I have been refused a salary increase because of time taken off work due to heart conditions (Strokes/ Heart attack) could this be classed as “discrimination”
Posted by Kevin Wilkinson | May 21, 2011 7:44 AM
Posted on May 21, 2011 07:44
I organise competitions in golf.
What evidence does a player present to justify his claim to be Disabled under the meaning of the Equality Act?
I am not a doctor so the name of a condition suffered by a player means nothing to me as to how it affects his ability to play golf.
Andrew Boyd
Posted by Andrew boyd | September 14, 2011 12:53 PM
Posted on September 14, 2011 12:53
A disability under the Equality Act is a physical or mental impairment that has a substantial and long-term adverse effect on an individual's ability to carry out normal day-to-day activities.
The Government has published guidance on what is a disability if you need further details: http://odi.dwp.gov.uk/docs/wor/new/ea-guide.pdf
Thanks,
Stephen Simpson
Posted by Stephen Simpson | September 14, 2011 7:59 PM
Posted on September 14, 2011 19:59