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Equality North East

Equality Act 2010: latest consultations

The Government has issued draft guidance on the meaning of ‘disability’ under the Equality Act 2010, for consultation.

Professional Support Lawyer Elizabeth Stevens reports:

The definition of what amounts to a ‘disability’ within the provisions of the Equality Act 2010 is broadly the same as the current definition under the Disability Discrimination Act 1995: a physical or mental impairment which has a substantial and long-term adverse effect on a person’s ability to carry out normal day to day activities.

The DDA currently sets out a list of eight day to day activities that can be affected by the impairment, including mobility, manual dexterity and physical coordination. There is an important difference under the Equality Act 2010, however, which does not limit the day to day activities that can be affected by the impairment. The existing statutory guidance on the meaning of ‘disability’ has therefore been revised, and issued for consultation. This guidance does not impose any legal obligations, and is not intended to be an authoritative statement of the law, but will be taken into account by an employment tribunal when considering whether an individual is disabled under the provisions of the Act.

Full details......

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September 3, 2010

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