Meaning of disability

New and updated

  • Disability discrimination

    Type:
    Employment law manual

    Updated to include information on Charlesworth v Dransfields Engineering Services Ltd, in which the EAT held that the employee's disability-related absence was not the effective cause of the decision to dismiss.

  • ECJ case law round-up: recent discrimination decisions

    Date:
    7 December 2016
    Type:
    Law reports

    We round up three recent European Court of Justice (ECJ) judgments about discrimination. The ECJ has recently considered: temporary incapacity caused by a workplace accident in Barcelona; the recruitment age limit for Basque police officers; and survivors' pensions for same-sex partners in Ireland.

  • Belief in proper use of public money can be philosophical belief

    Date:
    9 August 2016
    Type:
    Law reports

    The Employment Appeal Tribunal (EAT) ordered the employment tribunal to reconsider whether or not a claimant's philosophical belief in the "proper and efficient use of public money in the public sector" is protected under the Equality Act 2010. Kate Hodgkiss explains the EAT's decision.

  • Case round-up

    Date:
    1 July 2016
    Type:
    Law reports

    David Malamatenios is partner at Colman Coyle Solicitors. He rounds up the latest rulings.

  • Disability: NHS worker's claim over blood phobia rejected

    Date:
    8 June 2016
    Type:
    Law reports

    The Employment Appeal Tribunal (EAT) has rejected a reasonable adjustments claim by an NHS worker with severe phobias of blood and needles. Ryan Stringer explains this recent decision on reasonable adjustments for a disabled person.

  • Case round-up

    Date:
    1 May 2016
    Type:
    Law reports

    David Malamatenios is a partner at Colman Coyle Solicitors. He rounds up the latest rulings.

  • Discrimination arising from disability: director's unsympathetic comments about mental illness

    Date:
    5 April 2016
    Type:
    Law reports

    This tribunal decision concerned a director who made dismissive comments about an employee's medical condition instead of considering whether or not she had a disability. The tribunal found the employer had constructive knowledge of the claimant's disability and the comments were discrimination arising from her disability.

  • Meaning of disability: lifting up to 25kg is "normal day-to-day activity"

    Date:
    1 March 2016
    Type:
    Law reports

    Lifting up to 25kg is a "normal day-to-day activity" when deciding whether or not someone is disabled under the Equality Act 2010. Imogen Noons explains a recent Employment Appeal Tribunal (EAT) decision on the definition of disability.

  • Disability discrimination: An employee with type 2 diabetes controlled by abstaining from sugary drinks was not disabled

    Date:
    1 August 2015
    Type:
    Law reports

    In Metroline Travel Ltd v Stoute [2015] IRLR 465 EAT, the EAT held that type 2 diabetes does not automatically satisfy the definition of disability and that the steps taken by an employee to correct the effects of diabetes were not a "particular diet" and therefore did not constitute a measure that could be ignored for the purposes of assessing the likely effects of the (uncorrected) condition on his normal day-to-day activities.

  • Definition of disability: guidance on exclusion of "tendency to physically abuse"

    Date:
    8 May 2015
    Type:
    Law reports

    In DLA Piper's latest case report, the upper tribunal in a special educational needs case provides guidance on the exclusion from the definition of a disability under the Equality Act 2010 of a "tendency to physical abuse of others".

About this topic

HR and legal information and guidance relating to the meaning of disability for the purposes of the disability discrimination legislation.