No Discrimination Where Disability is Only Perceived

Author: Trethowans
Published: 2010/08/25 - Updated: 2017/11/14
Topic: Disability Discrimination - Publications List

Page Content: Synopsis - Introduction - Main

Synopsis: Employment Solicitors Trethowans look at a recent discrimination case the Disability Discrimination Act.

Introduction

Employment Solicitors Trethowans look at a recent discrimination case the Disability Discrimination Act.

Main Item

In the case of London Borough of Redbridge v Baynes, the Employment Appeal Tribunal (EAT) decided that there can be no discrimination for the purposes of the Disability Discrimination Act (DDA) where an employee is perceived as disabled but is, in fact, not.

At a Pre-Hearing Review, the Judge at first instance concluded that the employee was disabled, despite not having heard any medical evidence to support this contention.

The EAT considered that the Judge's position was perverse and reversed that decision.

The EAT went on to conclude that as there was no disability in this case and the employee had accepted that she was not disabled, there could be no discrimination within the definition of the DDA.

Whilst this decision gives employers a welcome respite, it should be noted that discrimination due to a perceived, rather than an actual, characteristic will be protected under the Equality Act 2010.

This case also serves as a reminder to employers to discuss any proposed changes with employees, rather than just unilaterally changing conditions and presuming that employees will appreciate these changes.

Explore Similar Topics

- In the United States, children frequently encounter discrimination in their daily lives as witnesses, victims, and, sometimes, as perpetrators.

- Study reveals children with disabilities, and their families, may face discrimination in the hospitals and clinics they visit for their health care.

Citing Information and Page References

Disabled World (DW) is a comprehensive online resource providing information and news related to disabilities, assistive technologies, and accessibility. Founded in 2004 our website covers a wide range of topics, including disability rights, healthcare, education, employment, and independent living, with the goal of supporting the disability community and their families.

Cite This Page (APA): Trethowans. (2010, August 25 - Last revised: 2017, November 14). No Discrimination Where Disability is Only Perceived. Disabled World (DW). Retrieved February 8, 2025 from www.disabled-world.com/disability/discrimination/perceived-disability.php

Permalink: <a href="https://www.disabled-world.com/disability/discrimination/perceived-disability.php">No Discrimination Where Disability is Only Perceived</a>: Employment Solicitors Trethowans look at a recent discrimination case the Disability Discrimination Act.

While we strive to provide accurate and up-to-date information, it's important to note that our content is for general informational purposes only. We always recommend consulting qualified healthcare professionals for personalized medical advice. Any 3rd party offering or advertising does not constitute an endorsement.