The draft Guidance on matters to be taken into account in determining questions relating to the definition of disability has been laid before Parliament. From 1 May, a court or tribunal when deciding whether a person is disabled for the purposes of the Equality Act 2010 will consider the guidance.
The draft Guidance on matters to be taken into account in determining questions relating to the definition of disability has been laid before Parliament. If the draft is not disapproved within a 40-day period, the Minister will bring the guidance into effect on 1 May 2011 (in the meantime, the 2006 version of the guidance will remain in force). From 1 May, a court or tribunal when deciding whether a person is disabled for the purposes of the Equality Act 2010 will consider the guidance. Following consultation, some amendments have been made to the draft of the guidance that was published in August 2010.
Section D which covers the meaning of “normal day-to-day activities”, has been restructured and new examples have been added. In addition, the statement in the original draft that “normal day-to-day activities do not include work of any particular form because no particular form of work is ‘normal’ for most people” has been removed. The Guidance now acknowledges that work-related activities, including interacting with colleagues, following instructions and using a computer, can be normal day-to-day activities for the purposes of the legislation.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
