Disability
Disability

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Disability
  • Protected characteristics
  • Obesity
  • Medical evidence in disability discrimination claims
  • Guidance on definition of disability
  • EHRC Code of Practice
  • Definition of disability
  • Children under six years old
  • Persons deemed disabled
  • Blind, sight impaired and partially sighted persons
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: Brexit and IP completion day—implications for employment lawyers.

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.

Protected characteristics

The Equality Act 2010 (EqA 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 protected characteristic is listed and (with the exception of pregnancy and maternity) defined in EqA 2010. For further information regarding the protected characteristics generally, see: Protected characteristics—overview.

This Practice Note considers the protected characteristic of disability.

Obesity

There is no stand-alone prohibition against discrimination on

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