Disability definition

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Redundancy—individual consultation checklist for employers

Redundancy—individual consultation checklist for employers This Checklist outlines steps to be taken in individual redundancy consultation, whether or not consultation has also taken place at a collective level. It sets out practical considerations involved in planning a redundancy process and covers what should be discussed at open meetings with affected employees, what should be included in letters to affected employees, what should be discussed at individual consultation meetings, what should be included in the notice of dismissal and information to be given about the right of appeal. For further guidance on individual redundancy consultation obligations generally, see Practice Notes: Redundancy—fair procedure: individual consultation and How to carry out individual redundancy consultation. This Checklist assumes that the employer has determined whether collective consultation is required (see Checklist: Redundancy—collective consultation checklist for employers—Identify redundancy situation). This Checklist is to be used: • where there is an obligation to consult collectively as, even where that obligation is fulfilled, the employer must still consult individually with the employees • where there is no obligation...

Advertising copy approval—checklist

Advertising copy approval—checklist This Checklist sets out the key issues for consideration when approving advertising copy. It aims to help advertisers and their legal advisers ensure that their print advertising complies with the legal and self-regulatory rules including, eg the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code), Committee of Advertising Practice (CAP) help notes and the unfair commercial practices provisions of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024). For more information on advertising regulation generally, see Practice Note: Advertising law and regulation. The third column can be used to record observations or comments as the Checklist is worked through. Checklist Further information Notes (if any) Introductory considerations ☐ Have you checked the CAP Code and CAP’s Formal Guidance, as well as relevant guidance from trading standards bodies and the Competition and Markets Authority (CMA)? Non-broadcast ads are subject to legislation as well as the CAP Code. For more information, see Practice Note: Advertising law and regulation. ☐ Have you considered...

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Disability

This Practice Note considers the definition of disability for the purposes of protection from discrimination and other prohibited conduct under the Equality Act 2010 (EqA 2010) and also covers the additional statutory guidance on matters to be taken into account in determining questions relating to the definition of disability (statutory guidance) and the Equality and Human Rights Commission (EHRC) Employment Statutory Code of Practice (Code).For a guide to all our materials relating to protections and liabilities arising out of acts and omissions that amount to disability discrimination or other forms of prohibited conduct that are connected to disability, which signposts fully-detailed materials found in other Practice Notes that deal with each aspect of the subject matter in full depth, see Practice Note: Disability discrimination.Protected characteristicsEqA 2010 provides protection against discrimination which relates to certain listed characteristics which people may possess. Some protections relate specifically to only one of those characteristics. Others provide the same protection in relation to all the characteristics, which are collectively referred to as 'the protected characteristics'.Each...

Evidence in disability discrimination claims

STOP PRESS: The Employment Tribunal Procedure Rules 2024, SI 2024/1155 (ET Rules 2024) in force from 6 January 2025, replaced the ET Rules 2013 set out in Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, SI 2013/1237 from that date. The Employment Tribunals (Procedure Rules) (Consequential Amendments) Regulations 2024, SI 2024/1156, also in force from 6 January 2025, primarily amend the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, SI 2013/1237 to facilitate the coming into force of the ET Rules 2024. Presidential Guidance and Practice Directions will be amended to reflect the new rules in due course.For a destination table showing how the ET Rules 2024 correspond to the ET Rules 2013, and incorporating notes on the changes, see Practice Note: Employment tribunal rules of procedure 2024—destination table. This Practice Note will be updated in light of the ET Rules 2024 as soon as possible.Medical evidence obviously plays an important role in claims under the Equality Act 2010 (EqA 2010) which rely on...

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Letter of instruction to single joint expert—employment tribunal proceedings

Letter of instruction to single joint expert—employment tribunal proceedings STOP PRESS: The Employment Tribunal Procedure Rules 2024, SI 2024/1155 (ET Rules 2024) in force from 6 January 2025, replace the ET Rules 2013 set out in Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, SI 2013/1237 from that date. The Employment Tribunals (Procedure Rules) (Consequential Amendments) Regulations 2024, SI 2024/1156, also in force 6 January 2025, primarily amend the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, SI 2013/1237 to facilitate the coming into force of the ET Rules 2024. Presidential Guidance and Practice Directions will be amended to reflect the new rules in due course. For a destination table showing how the ET Rules 2024 correspond to the ET Rules 2013, and incorporating notes on the changes, see Practice Note: Employment tribunal rules of procedure 2024—destination table. This Practice Note will be updated in light of the ET Rules 2024 as soon as possible. Private...

Letter to complainant—written response—deadlock or final letter

Letter to complainant—written response—deadlock or final letter [Insert complainant’s name] [Insert complainant’s contact address] Our ref: [insert complaint reference number] Dear [insert complainant’s name] I am writing to confirm I have concluded the investigation of your complaint that I received on [insert date complaint received]. 1 Your complaint The specific issues of your complaint were: [insert details] The investigations I undertook were: [insert details] 2 Our decision Based on these investigations I have concluded that: [insert details] 3 [ Remedy The remedies I think are appropriate are: [insert details] Please contact me by [insert date] to confirm whether you accept my proposed remedies. If you accept my proposed remedies I will ensure [insert details].] 4 Complaining to the Legal Ombudsman [We have been unable to settle your complaint using our internal complaints process. You may have a right to complain to the Legal Ombudsman OR If you are not satisfied with our consideration of your complaint you may be able to ask the Legal Ombudsman to consider...

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What test applies for determining whether someone is 'incapable of administering their property or managing their affairs' for the purposes of establishing whether a beneficiary suffering from a mental disorder would qualify as disabled for tax purposes?

What test applies for determining whether someone is 'incapable of administering their property or managing their affairs' for the purposes of establishing whether a beneficiary suffering from a mental disorder would qualify as disabled for tax purposes? This answer is limited to the definition of a disabled beneficiary for inheritance tax (IHT) and does not consider the definition or implications for taxation in relation to income tax or capital gains tax. It is also assumed that the question relates to the settlement into trust of funds for the disabled person. Following the changes brought about by the Finance Act 2006, most settlements created by a settlor during their lifetime are relevant property trusts for the purposes of IHT and certain trusts created by Will also fall into the relevant property regime. Therefore, for the most part, lifetime gifts into settlements are immediately chargeable transfers on which the settlor will be charged to IHT at the lifetime rate of 20% where the amount settled exceeds the settlor's...

Does every digital platform that is ‘significantly different from its neighbour’ need a separate accessibility statement?

Does every digital platform that is ‘significantly different from its neighbour’ need a separate accessibility statement? All websites/digital platforms should be accessible, especially by people with disabilities. Accessibility is governed by the Equality Act 2010. See Practice Note: Website accessibility. The guiding principle is not simply avoiding discrimination, but anticipating the needs of potential (as well as actual) disabled users for reasonable adjustments. The assessment of what is reasonable varies depending on the particular circumstances including the nature of the service offered and the nature of the service provider. It will vary according to: • the type of service being provided • the nature of the service provider and its size and resources • the effect of the disability on the individual disabled person (Paragraph 7.29—Equality Act 2010 Code of Practice). Where the service provider does not fall within the scope of the Public Sector Bodies (Websites and Mobile Applications) (No 2) Accessibility Regulations 2018 (PSBAR 2018), SI 2018/952, an accessibility statement is not mandatory but...

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Welsh Government launches consultation on Draft Disabled People’s Rights Plan: 2025 to 2035

The Welsh Government has launched a consultation on the Draft Disabled People’s Rights Plan: 2025 to 2035. The plan has been developed in partnership with the Disability Rights Taskforce, policy officials, and external stakeholders to remove the systemic barriers that hinder disabled people from fully participating in society. The plan details the persistent inequalities and discrimination experienced by disabled people and sets out the government’s 10-year framework for improving the lives of disabled people in Welsh society, reducing prejudice and discrimination and adopting the social model of Disability. The plan is guided by the United Nations Convention on the Rights of Disabled People (UNCRDP).

Employment weekly highlights—15 May 2025

This edition of Employment weekly highlights includes: (1) amendments to the Border Security, Asylum and Immigration Bill to extend the right to work regime to ‘gig economy’ workers, (2) comments from Sophie Barrett-Brown of Laura Devine Immigration and Katie Newbury of Kingsley Napley on the government’s Immigration White Paper, (3) the Equality and Human Rights Commission’s extended consultation period for updates to the Code of Practice for services, public functions and associations, (4) an EAT case confirming that workers contracted via an employment business cannot make indirect discrimination claims based on discrepancies between their pay and that of directly employed workers, (5) a letter from the Department for Business and Trade announcing forthcoming extension to the whistleblowing regime in relation to UK sanctions, (6) a decision from the Supreme Court that Dyson cannot challenge jurisdiction in its forced labour case, (7) a Court of Appeal decision that the EAT interpretation of a ‘minor error’ under rule 37(6) of the EAT Rules was too narrow and (8) dates for your diary.

View the latest UK Parliament Acts documents on Disability

6 Disability

(1)     A person (P) has a disability if—(a)     P has a physical or mental impairment, and(b)     the impairment has a substantial and long-term adverse effect on P's ability to carry out normal day-to-day activities.(2)     A reference to a disabled person is a reference to a person who has a disability.(3)     In relation to the protected characteristic of disability—(a)     a reference to a person who has a particular protected characteristic is a reference to a person who has a particular disability;(b)     a reference to persons who share a protected characteristic is a reference to persons who