Representing older workers - a guide for trade union negotiators (July 2013)

Chapter 1

Discrimination arising from disability

This is a new offence and occurs where a disabled person is treated unfavourably because of something connected to their disability. There are two defences to this type of discrimination:

• the employer did not know about the disability; and

• the employer was “objectively justified” (this defence is only available to an employer who has already made all reasonable adjustments).


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