LPC Notes - Disability Discrimination (Employment Law & Practice)
Distinction level notes for Employment Law & Practice - WS7 Disability Discrimination
The University of Law specific (2022)
Notes on:
- Disability Discrimination
- What type of claim
- Vicarious Liability
Disclaimer...
✓ Explain and apply the definition of “disability”.
✓ Identify relevant facts obtained from a client seeking to make a disability discrimination
claim.
✓ Analyse facts to advise a client on the prospects of succeeding in a claim.
✓ Identify the practical steps a client needs to take to progress the claim against the
employer.
Unit Workshop Tasks
In this unit workshop you will
✓ Review the Preparatory Task to apply the definition of disability under s6 Equality Act 2010.
✓ Analyse a client’s instructions to identify potential claims arising under the Equality Act
2010.
✓ Advise on overlapping claims following a discriminatory dismissal.
Contents
Disability Discrimination 2
- Is there an Unlawful Act 4
- Burden of proof 5
- PCP 5
What Type of Claim 7
Vicarious liability 13
not for resale or distribution
, EMPLOYMENT LAW & PRACTICE
Disability Discrimination
Ch13, p481
Key Terms
Always mention in full, and then abbreviate
Equality Act 2010 EqA10
Provision, Criterion or Practice PCP
Employment Tribunal EAT
EHRC Code of Practice on Employment ECHR Code
Equality Act Guidance Guidance
*Equality Act 2010, s4 Disability (a protected characteristic)*
Is the Client ❖ 3 months (LESS A DAY) from the date of the unlawful act (s123(1)).
Eligible to bring o Reasonable Adjustments:
a Claim? ▪ Runs from point the employer makes it clear that no
adjustment/further adjustment can be made.
▪ Where the employer does nothing time will run from
when, if the employer had been acting reasonably, it would
have made the adjustment.
▪ Matuszowicz v Kingston upon Hull City Council [2009]
EWCA Civ 22.
❖ The Tribunal has discretion to extend the time period if it thinks it “just
and equitable” (s123(1)(b)).
Does the Client s6(1): a person has a disability if he has:
have a
Disability? (s6) (1) 13.3.2 A physical or mental impairment:
13.3. o What is the claimant suffering from? ALWAYS MENTION
o Not necessary to consider how the impairment was caused.
▪ The effect is what is important – means that self-inflicted
conditions can amount to an “impairment” (Walker v Sita
Information Networking Computing Ltd (UKEAT/0097/12)).
(2) 13.3.4 Which has a substantial adverse effect…
o Substantial = “more than minor or trivial” (s212)(1).
▪ An impairment which ceases to have a substantial adverse
effect is to be treated as continuing if that effect is likely to
recur (Sch 1, para 1).
▪ Progressive conditions (e.g., rheumatoid arthritis) do not
have to have a substantial adverse effect if the condition is
likely to result in such an impairment (Sch 1, para 8).
• However, they need to have some effect.
not for resale or distribution
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller jxb92. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £3.98. You're not tied to anything after your purchase.
