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.


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 show the answer Must an employee resign before pursuing a disability discrimination claim?

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 hide the answerIs it permissible for an employer to state in a job advert that applicants must hold a full driving licence?

Provided that driving is an essential part of the job being advertised, there should be no problem for an employer in stating in a job advert that applicants must hold a full driving licence. However, such a provision will discriminate against people with certain disabilities, for example epilepsy, that mean that they cannot hold a driving licence. The Disability Discrimination Act 1995, section 4A imposes a duty on all employers to make 'reasonable adjustments' to any provision, criterion or practice that places a disabled person at a substantial disadvantage in comparison with people who are not disabled.

An employer that is considering imposing a requirement that job applicants must hold a driving licence should, therefore, consider first whether it is absolutely necessary for the job-holder to drive. If there is no clear need, for example if the job-holder could adequately perform the key duties of the job without driving, then the provision should not be included in the job advert. Even if driving is considered necessary for the job, if a disabled person who does not hold a driving licence, but who is otherwise suitable for the job, applies for it, the employer should at that point consider whether it would be reasonable for it to waive the requirement for a driving licence. It might be possible, for example, to arrange for the employee to travel on business by some other means or to transfer the driving duties to another employee. If an otherwise suitable job applicant is rejected for the job because he or she cannot drive, and if such alternative arrangements would have been reasonably practicable, then the rejected applicant would be able to succeed in a claim of disability discrimination.


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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