Thackray Williams

Does your employee qualify for protection under the Disability Discrimination Act?

Do you need to consider offering reasonable adjustments under the DDA  to facilitate their continued employment?

Employers should be mindful of these questions because, “disability” has now become easier to prove.

A "Disabled Person" is defined by the Disability Discrimination Act 1995 as someone with "a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day to day activities"
“Substantial” here means “non-trivial”

The “effect” needs to be on one of the following recognised capacitates:-
• mobility;
• manual dexterity;
• physical co-ordination;
• continence;
• ability to lift, carry or otherwise move everyday objects;
• speech, hearing or eyesight;
• memory or ability to concentrate, learn or understand;
• perception of the risk of physical danger

“Long-term” here means “for twelve months or more” judged at the date any discriminatory treatment occurred or on which any adjustments are sought.

“Day to Day Activities” means the sorts of activities we all do most days, not activities which are specific to any particular employment e.g. washing, dressing, shopping, reading, walking, housework.

The House of Lords has recently held in the case of SCA Packaging Limited v Boyle that in the DDA, the word "likely" in the phrases "likely to recur" and "likely to have a substantial adverse effect" does not mean "more probable than not" - it simply means "could well happen". This is, of course, a far easier condition to fulfil. 

For more information about the Disability Discrimination Act contact Lisa Judd, Employment Solicitor at Thackray Williams LLP.  0208 290 0440 or email: lisa.judd@thackraywilliams.com