Basically, in order to be protected by the Disability Discrimination Act a person must show that their condition has a ‘substantial adverse effect’ on their daily life and its effect is long term. This means that it has lasted or is likely to last at least 12 months. Whether a person has a disability is often an area of dispute with employers arguing that the effects of the employee’s condition are not sufficiently adverse to constitute a disability.


2. What about mental conditions?
A person no longer has to show that their mental condition is ‘clinically well-recognised’ in order to count as a disability. The law used to require a person claiming that they had a mental condition to show that their condition was recognised by a respected body of medical opinion. This made it much harder for people with mental health problems to satisfy the definition of a disabled person. The effect of the removal of this requirement means it is now easier for a person claiming that they are suffering with depression or other mental conditions to successfully argue that they are a disabled person.


3. What are my legal obligations towards a disabled person?
The law prohibits discrimination i.e. less favourable treatment of a disabled person on the grounds of their disability. It also prohibits disability related harassment or victimisation. In addition, the law imposes a duty upon employers to make reasonable adjustments to prevent any ‘provision, criterion or practice’ operated by an employer or ‘physical feature’ of an employer’s premises from disadvantaging a disabled person. A failure to comply with this duty will constitute disability discrimination.


4. Can I justify not making a reasonable adjustment?
No. If it can be show that an adjustment was reasonable then an employer cannot justify a failure to implement it. A reasonable adjustment may involve allocating some of a disabled person’s duties to another person, offering an alternative job at a higher grade without requiring a competitive interview, being absent during working hours for rehabilitation, or changing working hours from full-time to part-time.


5. Who will decide whether an adjustment is reasonable?
An Employment Tribunal will determine the question of whether or not an adjustment was reasonable in the circumstances, and it is an objective test. Accordingly, it may not be sufficient for an employer to assert that certain adjustments were considered and thought to be unreasonable if a Tribunal finds that there were other adjustments that could reasonably have been made by the employer.

In deciding whether or not a specific adjustment is reasonable a Tribunal will look at how effective the adjustments would have been; the financial and other costs involved; the extent of disruption (if any) it would have entailed and the resources available to the employer. Examples of adjustments, which Tribunals have previously held to be reasonable, include the provision of a special ‘Grahl’ chair costing £1,000 for an employee with a clubfoot, and the discounting of disability-related absences when assessing an absence record.

Employers must be vigilant about employee’s needs and be sure that they properly (and regularly) assess the requirements of disabled employees. This will extend to consulting with the disabled employee and researching possible adjustments.


6. If I am found guilty of disability discrimination how much will it cost me?
There is no limit to the compensation that may be awarded in disability discrimination cases. In determining how much compensation should be paid a Tribunal will look at the financial losses sustained by the employee as a result of the act of discrimination. The Tribunal will also consider the extent of the employee’s injured feelings (if any) and order an injury to feelings award if appropriate. Injury to feelings awards may range from £500 - £25,000 depending on the severity of the act of discrimination and the impact that it had on the employee.