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Disability Discrimination Model Answer Notes

LPC Law Notes > Employment Law Notes

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A more recent version of these Disability Discrimination Model Answer notes – written by University Of Law students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our Employment Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Disability Discrimination Model Answer ELIGIBILITY/ TIME
? Claim must be brought within 3 months of act of LIMITS FOR ALL discrimination DISCRIMINATION CLAIMS UNLAWFUL ACT FOR
? Discrimination in job advert, recruitment, promotion, ALL DISCRIMINATION dismissal, harassment, post-employment matters, CLAIMS subjecting a person to detriment PROTECTED
? Does it satisfy s.6 EA 2010 definition?
o Physical/mental impairment CHARACTERI
? Given its natural meaning - straightforward STIC - o Long term "DISABILITYSch 1 Para 2 EA 2010 - Lasted at least 12 months or likely " to last for at least 12 months o Substantial adverse effect
? More than minor or trivial effect - e.g. causing pain, fatigue, substantial social embarrassment or a loss of energy and motivation (Appendix 1 page 287 Employment Statutory Code of Practice)
? A progressive condition is taken to have a substantial adverse effect if it is likely to be substantial in the future, even if it is not substantial now (Sch 1 Para 8 EA 2010) o Normal day-to-day activities
? See ODI guidance Appendix 1 page 47 (attached to this model answer)FAILURE TO MAKE REASONABL E ADJUSTMENTwo common exceptions: o Cancer, HIV infection and multiple sclerosis - each a disability from the point of diagnosis with no need to show that it has a substantial adverse effect on the claimant's ability to carry out normal day to day activities - no need to apply the definition (Sch 1 Para 6 EA 2010) o Facial disfigurement - Once it has been established that there is an impairment and that impairment is long term, a claimant with a facial disfigurement will be deemed disabled. There will be no need to show that the impairment has a substantial adverse effect on the claimant's ability to carry out day to day activities as this is already deemed to be the case under Sch 1 Para 3 EA 2010 s.20 imposes the duty to make reasonable adjustments on the employer if there is a PCP, physical feature or lack of auxiliary aid that puts claimant at a substantial disadvantage in comparison to nondisabled people o Identify the PCP, physical feature or lack of auxiliary aid

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