Perceived disability
[ch 8: page 45]Claims of direct discrimination and/or harassment (but not other forms of discrimination) can also be brought if the individual is not disabled but the employer perceives them to be disabled. This was confirmed by the Court of Appeal in the case of Chief Constable of Norfolk v Coffey [2019] EWCA Civ 1061:
Police officer Lisa Coffey had a degree of hearing loss and tinnitus that did not amount to a disability under the statutory definition and did not affect her ability to do her job as a frontline officer.
She was refused a transfer to another police force because of their concern that her hearing loss may have a substantial effect on her ability to do her job in the future. She succeeded in her claim of direct discrimination, which the Court of Appeal confirmed for the first time can proceed on the basis of a perceived disability.