Disability discrimination: Lack of knowledge defence

The Employment Appeals Tribunal (EAT) has delivered a new judgment setting out what prior knowledge of a disability an employer should have if they are to be held liable for discrimination. Charles Price explains.

Under the Disability Discrimination Act (DDA) 1995, the definition of a disability is as follows:

"A person has a disability for the purposes of this act if he has a physical or mental impairment which has a substantial and long-term effect on his ability to carry out normal day-to-day activities".

The definition of each element of this has posed many questions to pencil-pushing lawyers. Disability discrimination law in general is incredibly complex and has kept lawyers busy interpreting its machinations for endless hours. For this reason, it is always important to consult a solicitor if you have what you think is a disability case looming.