The Equality Act and disabled employees

Of all the discrimination strands affected by the Equality Act 2010, changes to protection for disabled people are set to be the most significant for employers. Particularly noteworthy are the provisions, protecting employees from discrimination “arising from” disability, that come into force on 1 October.

The Disability Discrimination Act 1995 (which will be repealed once the new act is in force) supposedly protects employees from discrimination for a reason “relating to” their disability. However, since the decision in L B Lewisham v Malcolm (2008 IRLR 700 HL), disabled employees have had to prove that they have been treated less favourably than a non-disabled employee who is otherwise in the same circumstances.