Disability discrimination: Adjustments not required for perceived disability
This report relates to 1 case(s)
Hinton v Copal Castings Ltd  All ER (D) 33 (Sep) EAT (1 other report)
In Copal Castings Ltd v Hinton 9.07.05 UKEAT/0903/04/TM, the EAT holds that the duty to make reasonable adjustments under s.6(2) of the Disability Discrimination Act 1995 ("the DDA") only arises if the claimant actually has a disability as defined by s.1(2) of the DDA, which does not cover a person who is only "believed to have" a disability. The DDA cannot be extended to cover perception or belief in the same way as race and sex discrimination legislation because, in those statutes, the focus is on the belief of the discriminator whereas under the DDA the focus is on the fact of the disability.