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GLOSSARY

Disability discrimination definition

Published by a LexisNexis Employment expert

What does Disability discrimination mean?

The classification of unlawful discrimintation against another on the grounds of their disability.

Disability discrimination covers both employees and contractors. It is unlawful to: discriminate against an individual on grounds of direct discrimination or a disability related reason; fail to make reasonable adjustments; or to victimise or harass an individual on the grounds of his disability. The right to protection against disability discrimination is set out in the Equality Act 2010.

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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...

Direct discrimination

This Practice Note examines direct discrimination under the Equality Act 2010 (EqA 2010).This Practice Note contains references to case law of the Court of Justice of the European Union (CJEU). For guidance on whether judgments of the CJEU are binding on UK courts, see Practice Note: Assimilated law—Assimilated case law.To the extent that it implemented UK obligations under EU law (such as the obligation to implement a Directive such as Directive 2000/78/EC, the Equal Treatment Framework Directive), before 1 January 2024, EqA 2010 was retained EU-derived domestic legislation under the European Union (Withdrawal) Act 2018 (EU(W)A 2018). From 1 January 2024, under the Retained EU Law (Revocation and Reform) Act 2023, EU-derived domestic legislation is ‘assimilated’ into domestic law by virtue of the fact it is generally stripped of EU-derived interpretive effects (eg supremacy of EU law, directly effective rights, and general principles previously retained under EU(W)A 2018). For more information, see Practice Note: Assimilated law.EHRC Code of Practice and guidanceThe EHRC has published a statutory Code of Practice on...

Discover our 8 Practice Notes on Disability discrimination

Letter of instruction to single joint expert—employment tribunal proceedings

Letter of instruction to single joint expert—employment tribunal proceedings Private & confidential [Insert name and address of expert] [Insert date] Dear [insert name of expert] [Insert case heading, eg Ms R Jones v Supermarkets Plc, ET Case Number: 12345] Instruction to act as single joint expert Thank you for agreeing to act as the expert witness in this matter. As you know you will be acting as a single joint expert. We act for [insert name of client] who is [bringing OR defending OR an employment tribunal claim against [insert name of opposing party/parties]. This letter has been countersigned by the solicitors acting on behalf of [insert name of opposing party/parties] to confirm their agreement to the terms of this letter. The aim of this letter is to provide you with the relevant factual background, key documents and to identify the issues you will need to consider. As an expert witness you will be aware of the need for you to comply with certain duties and ensure...

Particulars of claim—fall on a construction site relying on the Construction (Design and Management) Regulations 2015 and the Work at Height Regulations 2005

Particulars of claim—fall on a construction site relying on the Construction (Design and Management) Regulations 2015 and the Work at Height Regulations 2005 Claim No. [INSERT] IN THE HIGH COURT OF JUSTICE [SPECIFY DIVISION] [[INSERT LOCATION] DISTRICT REGISTRY] Parties:- [Insert name] Claimant - and - [Insert name] Defendant ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– PARTICULARS OF CLAIM ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Note: This Precedent refers to statutory duties for construction accidents which have occurred on or after 6 April 2015. 1 At all material times the Claimant was employed by the Defendant as a Painting Supervisor. 2 On or around [insert date] the Claimant was performing his ordinary duties for the Defendant and was tasked with inspecting a newly built platform module at [insert location]. 3 As the Claimant walked along the platform suddenly and without warning he fell through a piece of missing grating. The Claimant fell through the gap created by the missing grating to the next level below on the platform, striking his head and body. 4 At all material times the provisions of...

Dive into our 6 Precedents related to Disability discrimination

Employment weekly highlights—1 May 2025

This edition of Employment weekly highlights includes: (1) a new Employment Rights Bill factsheet on changes to the statutory sick pay structure, (2) the EHRC interim update on the practical implications of For Women Scotland v The Scottish Ministers Supreme Court decision, and confirmation that an updated EHRC Code of Practice is expected in summer, (3) analysis by Annie Davis of Old Square Chambers of Court of Appeal guidance on Article 14 ECHR challenges to employment legislation, (4) examination by the EAT of the benchmark for costs orders in discrimination claims, (5) an EAT judgment addressing the question of relevance when determining applications for information and disclosure of documents, (6) an EAT decision that acquiescence over businesses getting struck-off can be unreasonable conduct for the purposes of a costs order, (7) our new Practice Note on employers’ obligations to manage workplace temperature, (8) dates for your diary, and (9) other news items of interest to employment practitioners.

Practice Compliance weekly highlights—10 November 2022

This week’s edition of Practice Compliance weekly highlights includes: a summary of changes to the UK Russian sanctions regime as at 4 November 2022; news analysis considering OFSI licensing for legal fees, the SRA AML report; what to expect from UK’s new Economic Crime Bill; an analysis of upcoming landmark EU GDPR decisions; pay gap statistics; and diversity strategies.

Read the latest 3 News articles on Disability discrimination

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

13 Direct discrimination

(1) A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others.(2) If the protected characteristic is age, A does not discriminate against B if A can show A's treatment of B to be a proportionate means of achieving a legitimate aim.(3) If the protected characteristic is disability, and B is not a disabled person, A does not discriminate against B only because A treats or would treat disabled persons more favourably than A treats B.(4) If the protected characteristic

Disability discrimination is referenced 9 in UK Parliament Acts