Employment Law - Disability Defined
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15 March 2012
Section 6(1) of the Equality Act 2010
('the Act') defines disability as 'a physical or mental impairment'
which has a 'substantial long-term adverse affect on his/her ability to
perform normal day-to-day activities.'
There is no statutory definition of 'physical or mental impairment' in
the Act, however in the case of McNicol v Balfour Beatty Rail
Maintenance Ltd and Rugamer v Sony Music Entertainment UK Ltd the EAT
defined it as 'some damage, defect, disorder or disease compared with a
person having a full set of physical and mental equipment in normal
condition.' In addition, in the case of Goodwin v Patent Office
guidance was provided by the EAT in to decide whether a person has a
'physical or mental impairment' which is relevant to today's section
6(1) of the Act.
An additional requirement exists within the definition and that is that
the 'physical or mental impairment' must have a 'substantial long-term
adverse affect on the claimant's ability to perform normal day to day
activities.' It is for each claimant suffering from a particular
illness to prove that he/she is affected by such an illness that it
brings them within the full definition of disability under the Act. For
example, if someone had a sprained ankle they would not come within the
definition unless the sprained ankle had a substantial long-term
adverse affect on the claimant's normal day to day activities.
Aneela Akbar can be contacted at email@example.com
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Article Published/Sorted/Amended on Scopulus 2012-05-08 11:39:34 in Legal Articles