Who Is Disabled Under The Eqa
Proving disability and reasonable adjustments
A worker’s guide to evidence under the Equality Act 2010
edition 4
written by
Tamara Lewis
Originally produced for Central London Law Centre
Contents
Introduction 3
Overview of Equality Act 5
The definition of disability 10
Who is disabled under the EqA? 9
Checklist on proving the worker has a disability 19
Sample witness statement 21
Misleading impressions 24
Reasonable adjustments 27
The law: the duty to make reasonable adjustments 25
Access to Work 28
Stages which a tribunal should follow in deciding whether there has been a failure to make reasonable adjustment 32
Reasonable adjustments: some ideas appropriate …show more content…
To gain the protection of the EqA, a worker must prove s/he meets the legal definition of disability in the Act.
Whether or not the worker is recognised as disabled in other contexts, eg for the purpose of social security benefits, is a different legal test. S/he is not automatically covered just because she is in receipt of Disability Living Allowance or because s/he had a statement of Special Educational Needs as a child.
The EqA does not simply cover visible disabilities such as the need to use a wheelchair. It can cover invisible disabilities, eg diabetes and depression, and temporary illnesses or injuries, eg severe back disorders.
Sometimes workers with apparently obvious impairments do not fall within the EqA.
The question is not whether the named disability is covered by the EqA. It is whether the particular worker with the disability is covered. This will depend on the nature, severity and duration of the disability in the worker’s individual circumstances.
The legal definition: …show more content…
However, they still need to prove they have a disability as defined by the EqA.
For example, a garden centre worker who cannot lift heavy bags of soil due to a back injury, may nevertheless be able to lift ordinary items such as a full kettle or a loaded tray. Presumably, such a worker is unlikely to be disabled under the EqA, even though s/he has an injury which interferes with his/her ability to do his/her job.
It will still be relevant evidence that a worker cannot do a day-to-day type of activity while at work, eg use a telephone.
A worker will also be covered where conditions at work exacerbate his/her inability to carry out day-to-day activities there.7 For example, smoke or chemicals in the work environment make it impossible for a worker with asthma to carry out ordinary tasks, even though s/he recovers when s/he remains at home.
Despite the above uncertainty, it is important to take account of the decision of the ECJ in a rare case on disability at European level.8 The European Court of Justice said disability could be understood
A worker’s guide to evidence under the Equality Act 2010
edition 4
written by
Tamara Lewis
Originally produced for Central London Law Centre
Contents
Introduction 3
Overview of Equality Act 5
The definition of disability 10
Who is disabled under the EqA? 9
Checklist on proving the worker has a disability 19
Sample witness statement 21
Misleading impressions 24
Reasonable adjustments 27
The law: the duty to make reasonable adjustments 25
Access to Work 28
Stages which a tribunal should follow in deciding whether there has been a failure to make reasonable adjustment 32
Reasonable adjustments: some ideas appropriate …show more content…
To gain the protection of the EqA, a worker must prove s/he meets the legal definition of disability in the Act.
Whether or not the worker is recognised as disabled in other contexts, eg for the purpose of social security benefits, is a different legal test. S/he is not automatically covered just because she is in receipt of Disability Living Allowance or because s/he had a statement of Special Educational Needs as a child.
The EqA does not simply cover visible disabilities such as the need to use a wheelchair. It can cover invisible disabilities, eg diabetes and depression, and temporary illnesses or injuries, eg severe back disorders.
Sometimes workers with apparently obvious impairments do not fall within the EqA.
The question is not whether the named disability is covered by the EqA. It is whether the particular worker with the disability is covered. This will depend on the nature, severity and duration of the disability in the worker’s individual circumstances.
The legal definition: …show more content…
However, they still need to prove they have a disability as defined by the EqA.
For example, a garden centre worker who cannot lift heavy bags of soil due to a back injury, may nevertheless be able to lift ordinary items such as a full kettle or a loaded tray. Presumably, such a worker is unlikely to be disabled under the EqA, even though s/he has an injury which interferes with his/her ability to do his/her job.
It will still be relevant evidence that a worker cannot do a day-to-day type of activity while at work, eg use a telephone.
A worker will also be covered where conditions at work exacerbate his/her inability to carry out day-to-day activities there.7 For example, smoke or chemicals in the work environment make it impossible for a worker with asthma to carry out ordinary tasks, even though s/he recovers when s/he remains at home.
Despite the above uncertainty, it is important to take account of the decision of the ECJ in a rare case on disability at European level.8 The European Court of Justice said disability could be understood