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You are currently viewing: Frequently Asked Questions > Topics

Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.


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Click to show the answer How does an employee's condition meet the definition of disability?

Click to show the answer For the purposes of the Disability Discrimination Act 1995 does a mental illness have to be clinically well recognised?

Click to show the answer Is someone with HIV, cancer or multiple sclerosis protected under the Disability Discrimination Act 1995 only at the point that the condition affects his or her ability to carry out day-to-day activities?

Click to show the answer Is alcohol addiction covered by the Disability Discrimination Act 1995?

Click to show the answer Are there any conditions or categories of work that fall outside the scope of the Disability Discrimination Act 1995?

Click to show the answer In what circumstances can an employer be accused of discriminating against a disabled employee?

Click to show the answer Can an employer be held culpable for discriminating against an employee if it was unaware of the claimant's disability?

Click to show the answer Is an employer breaching the Disability Discrimination Act 1995 if it fails to make adjustments for a disabled person?

Click to show the answer Where an employer redeploys a disabled employee to a lower-grade post under its obligations to make reasonable adjustments, is it obliged to maintain the employee's salary level?

Click to show the answer Where an employee who is disabled for the purposes of the Disability Discrimination Act 1995 is required to take time off to attend a medical appointment should the time off be paid?

Click to show the answer Is medical evidence usually relied upon in a disability discrimination case?

Click to show the answer If an employee is dismissed because of a disability, is the employer acting unlawfully?


Click to hide the answerMust an employee resign before pursuing a disability discrimination claim?

It is not necessary for an employee to resign before pursuing a claim of disability discrimination. As with all other forms of unlawful discrimination - sex, race, sexual orientation, age and religion or belief - the employee may remain in employment whilst pursuing his or her claim.

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Click to show the answer In what circumstances could an employer's requirements and conditions of the job lead to claims of discrimination?

Click to show the answer If a job is being advertised internally, can it be made clear if the job is unsuitable for physically disabled candidates?

Click to show the answer Is it permissible for an employer to state in a job advert that applicants must hold a full driving licence?

Click to show the answer Can an employer reject candidates for employment on the basis that they smoke?

Click to show the answer How can an employer ensure that its application forms are not discriminatory?

Click to show the answer Is it unlawful for an employer to ask on an application form whether a candidate has a disability?

Click to show the answer How can an employer ensure that line managers draw up a shortlist for a position without unlawfully discriminating against applicants?

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