Draft guidance on definition of disability published

The Government has published draft guidance on matters to be taken into account in determining questions relating to the definition of disability under the Equality Act 2010 and its response to the consultation on this matter. The guidance has been laid before Parliament and is expected to come into force on 1 May 2011. 

Existing guidance was produced under the Disability Discrimination 1995 and the updated guidance reflects the revised definition of disability in the Equality Act 2010. Courts and tribunals must take into account any aspect of the guidance that appears to be relevant when determining whether or not a person is disabled. 

Section 6 of the Equality Act 2010 provides that a person has a disability if he or she has a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities. 

It should be noted that while an employee is still required to show an adverse effect on his or her normal day-to-day activities to satisfy s.6, the Equality Act 2010, unlike the Disability Discrimination Act 1995, does not provide that, to demonstrate an adverse affect on day-to-day activities, a person must show an adverse effect on one or more of eight prescribed capacities (ie mobility; manual dexterity; physical coordination; continence; ability to lift, carry or otherwise move everyday objects; speech, hearing or eyesight; memory or ability to concentrate, learn or understand; or perception of the risk of physical danger). 

Also

The HR & Compliance Centre forthcoming law section on the Equality Act 2010 sets out the measures under the Equality Act 2010 that have not yet been implemented, including positive action and the public sector equality duty. 

The disability discrimination section in the HR & Compliance Centre employment law manual provides comprehensive legal guidance on the law relating to disability discrimination. 

Equality Act 2010: resources on HR & Compliance Centre We provide a round-up of the new and updated resources from HR & Compliance Centre on the Equality Act 2010. This includes major changes to the equal opportunities sections of our employment law manual and model policies and documents.