How does an employee's condition meet the definition of disability?
For the purposes of the Disability Discrimination Act 1995 does a mental illness have to be clinically well recognised?
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?
Is alcohol addiction covered by the Disability Discrimination Act 1995?
Are there any conditions or categories of work that fall outside the scope of the Disability Discrimination Act 1995?
In what circumstances can an employer be accused of discriminating against a disabled employee?
Can an employer be held culpable for discriminating against an employee if it was unaware of the claimant's disability?
Is an employer breaching the Disability Discrimination Act 1995 if it fails to make adjustments for a disabled person?
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?
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?
Is medical evidence usually relied upon in a disability discrimination case?
If an employee is dismissed because of a disability, is the employer acting unlawfully?
Must an employee resign before pursuing a disability discrimination claim?
In what circumstances could an employer's requirements and conditions of the job lead to claims of discrimination?
If a job is being advertised internally, can it be made clear if the job is unsuitable for physically disabled candidates?
Is 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.
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Can an employer reject candidates for employment on the basis that they smoke?
How can an employer ensure that its application forms are not discriminatory?
Is it unlawful for an employer to ask on an application form whether a candidate has a disability?
How can an employer ensure that line managers draw up a shortlist for a position without unlawfully discriminating against applicants?
