Disability discrimination


As well as protection against direct and indirect discrimination, harassment and victimisation, disability discrimination laws provide two extra categories of claim, unique to disability. These are “discrimination arising from disability” (section 15, EA 10) and the employer’s statutory duty to make reasonable adjustments (section 20, EA 10). 




In both cases, an employer who does not know and cannot reasonably be expected to know about a disability will not be liable. All the employer needs to know is that the individual has an impairment that has a significant effect on their ability to carry out day-to-day activities, or is likely to do so in the future. The employer does not need to know, for example, that the condition has a particular diagnosis (Jennings v Barts and the London NHS Trust UKEAT/0056/12/DM) or meets the statutory definition of disability (see page 193). 


It is the employer’s job to judge whether a worker or job applicant might be disabled under the EA 10 and if so, to make reasonable adjustments. A sensible employer should seek guidance, where necessary, from experts such as a GP. However, the employer cannot escape liability by simply delegating the assessment to the medical expert, or uncritically “rubber-stamping” their opinion, especially where that opinion is not backed up by any reasons (Gallop v Newport City Council [2013] EWCA 1583, Donelien v Liberata UK Limited [2018] A2/2015/0190).