This is an extract of our Disability Discrimination Model Answer document, which we sell as part of our Employment Law Notes collection written by the top tier of University Of Law students.
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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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