Article

Definition of disability

Disputes concerning whether an employee should be regarded as disabled are often difficult to resolve, with the vagaries of the statutory definition of the word “disability” clashing with the often complex expert evidence provided by members of the medical profession. The Disability Rights Commission (“DRC”)
publishes helpful guidance regarding what amounts to a “disability” for the purposes of the Disability Discrimination Act 1995 (“DDA”). Whilst the guidance itself does not impose any legal obligations
upon employers and is not intended to represent an authoritative statement of the law in this area, it is, nevertheless, a very useful starting point. Furthermore, the guidance can be taken into account
by Employment Tribunals, where it is relevant to the issues in any given case.

With effect from 1 May 2006 and in respect of any discriminatory acts occurring on or after that date, the DRC has published new and updated guidance on what amounts to a disability. The current guidance, originally issued in 1996, will continue to apply in respect of issues of discrimination occurring before 1 May 2006. The need for new and updated guidance has become particularly pressing as a result of the changes made to the DDA at the end of 2005. These changes mean that employees with certain medical conditions such as Multiple Sclerosis, cancer and HIV shall be automatically regarded as disabled, without any further requirement to consider the nature and severity of their condition. However, case law generally over the past 10 years has progressed employers understanding of what amounts to a disability; account has been taken of that case law in the revisions made to the guidance. The full text of the revised guidance can be found at:-

http://www.drc-gb.org/the_law/legislation__codes__regulation/guidance.aspx.

For further enquiries please contact Nick Hobden (view full profile) on 01892 701326 or email nick.hobden@ts-p.co.uk.

You will require the Adobe Acrobat Reader to read PDF files, this is free to download if you do not already have it. Get Adobe Reader