EL/08 Disability and Discrimination

Disability Discrimination

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Disability discrimination can present a particular challenge for businesses. What makes the subject difficult is that the definition of disability itself can be hard to pin down, with a wide range of medical conditions likely to be covered. It can also be difficult to judge just how far an employer needs to go in making reasonable adjustments. This course helps employers to get the balance right between supporting disabled employees and ensuring that issues around absence and performance are dealt with effectively.

Defining disability

  • The social v the medical model
  • The Equality Act Definition
  • When can an illness amount to a disability?
  • The relevance of medical evidence

Direct Disability Discrimination and Harassment

  • Getting the comparison right
  • Discrimination by association
  • What behaviour can amount to harassment?

Discrimination ‘arising from’ a disability

  • ‘Unfavourable’ v ‘less favourable’ treatment
  • Discrimination and absence management
  • Discrimination and poor performance
  • The justification defence – when is unfavourable treatment ‘proportionate’?

The duty to make reasonable adjustments

  • When does the duty arise?
  • What is an adjustment for?
  • What is the test of ‘reasonableness’?
  • Adjustments to premises
  • Changing work patterns
  • Alternative work
  • A problem solving approach

Defending Tribunal claims

  • Preliminary issues
  • Medical evidence
  • Settlements and remedies
Remember: All of our courses are individually designed to meet our clients’ needs. This programme is just an illustration of what the course can cover.