Substantial disadvantage

The disadvantage must be substantial. This means “more than minor or trivial” (section 212(1) EA 2010). The Office for Disability Issues’ guide, contains examples of when there will not be a substantial disadvantage for a disabled person. These include:

• inability to pick up a single small item, such as a pin;

• inability to reach typing speeds standardised for secretarial work;

• inability to carry heavy luggage without assistance.

These activities are examples only and the tribunal will decide each case on its own facts.