Government issues draft guidance on definition of disability in Equality Act 2010

The Government has launched a consultation on draft guidance on matters to be taken into account in determining whether or not an employee is disabled under the Equality Act 2010. 

The Equality Act 2010, which is replacing the Disability Discrimination Act 1995 (DDA), provides protection from discrimination on the basis of a range of protected characteristics. Disability is one of the protected characteristics and, like the DDA, the Equality Act 2010 includes a definition of disability. 

In general, the definition of disability in the Equality Act 2010 is similar to the one that applies for the purposes of the DDA. However, unlike the DDA, the Equality Act 2010 does not require a disabled person to demonstrate that, where the 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. 

Where possible, the draft guidance follows a similar structure to the current guidance on matters to be taken into account in determining questions relating to the definition of disability (PDF format, 125K) (on the Equality and Human Rights Commission website). 

The main provisions relating to disability in the Equality Act 2010 are expected to come into force on 1 October 2010. The consultation closes on 31 October 2010. 

Also

Outlook video: Equality Act - disability XpertHR's head of content Jo Stubbs and group editor David Shepherd discuss changes to the law on disability discrimination that will be brought in by the Equality Act 2010. 

XpertHR has been reporting on developments on the Equality Act 2010:

  • Government consults on the public sector equality duty The Government Equalities Office has launched a consultation on the public sector equality duty under the Equality Act 2010. The consultation document is asking for views on draft regulations on the specific equality duties, and on which public bodies will be subject to those duties. 
  • Government makes second Equality Act commencement order From 4 August 2010, the Equality Act 2010 (Commencement No.2) Order 2010 (SI 2010/1966) brings into force provisions in the Equality Act 2010 that permit regulations and guidance to be made to support the Act. 
  • Government makes first Equality Act commencement order Following its announcement on 3 July 2010 that it will implement the Equality Act 2010 from 1 October 2010, the Government has made the first commencement order under the Act. 
  • Government applies Equality Act to offshore work The Government has made two orders under the Equality Act 2010 with a view to implementation of the Act on 1 October 2010. The orders follow the first commencement order made under the Act.