Consultation on guidance on definition of disability
Draft statutory guidance on matters to be taken into account by an
adjudicating body (for example an employment tribunal) when determining whether
or not an individual has a disability within the meaning of the Equality Act
2010 has been published for consultation by the Office for Disability Issues.
This Guidance will be critical when interpreting the meaning of
disability under the Equality Act 2010. While the existing definition of
disability will be retained, i.e. a physical or mental impairment which has a
substantial and long-term adverse effect on a person’s ability to carry out
normal day to day activities, the exhaustive list of normal day to day
activities, of which one or more must be affected to qualify as an impairment
will be abolished, e.g. mobility, manual dexterity, physical co-ordination,
etc. Therefore, whilst there remains the requirement for the impairment to affect
normal day to day activities, there is no longer a requirement for the normal
day to day activities to be one of those on the prescribed list.
The Draft guidance on
matters to be taken into account when determining whether an individual has a
disability provides details on the main elements
of the definition of disability and what should now be considered when
assessing the affect of the impairment on normal day to day activities.
Consultation closes on 31 October 2010 meaning that the guidance will not be in
place when the new definition of disability comes into force on 1 October 2010.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
