Day-to-day activities include consideration of general mobility, ability to lift, carry or move everyday objects, physical co-ordination, eye-sight or hearing, speech, memory, manual dexterity, ability to concentrate, learn or understand, continence or perception of risks.
The effect on your ability to carry out day-to-day activities must be more than trivial and the effects must have lasted or be likely to last at for least 12 months or for the rest of your life. If this is not the case then the condition will not be classed as a “disability” for the purposes of a claim under the Equality Act.
The protection afforded by the Equality Act applies to every stage of the employment relationship i.e. advertising vacancies, recruitment, promotion, training and other opportunities, and dismissal.
This protection also extends to discrimination in the course of an individual’s day to day life as a consumer or service user. Such discrimination can be as a result of a refusal to provide a service to a disabled user or to make reasonable adjustments to their working procedures or policies to enable the individual to engage with the service.
Less favourable treatment can also be experienced directly or indirectly and can take various forms. This can include the making of unpleasant comments towards them in the course of their employment by colleagues or in the course of their day to day lives as consumers or service users.
Such conduct can be considered by the tribunals and the courts as harassment if it is believed that the behaviour has had the effect of violating the individual’s dignity or created an intimidating, hostile, degrading, humiliating or offensive environment for them.
Commonly, cases involving disability discrimination include claims for direct discrimination, indirect discrimination, discrimination arising out of disability, failure to make reasonable adjustments, and/or harassment.
Who can be held accountable for disability discrimination?
An employer, public body, service provider or association can be held accountable for the conduct of their employees which gives rise to claims against these businesses or organisations.
If you believe that you have been the victim of discrimination as a result of your disability and would like to speak to a member of our team call us on 0203 816 9302 or complete our online enquiry form without delay.