header-logo header-logo

07 May 2009 / Helena Davies , Naomi Feinstein
Issue: 7368 / Categories: Features , Discrimination , Employment
printer mail-detail

An uncertain prognosis

The new concept of indirect disability discrimination is set to cause confusion, say Naomi Feinstein & Helena Davies

The government's recent announcement that it intends to extend the Disability Discrimination Act 2005 (DDA 2005) to incorporate, for the first time, the concept of indirect discrimination, has caused considerable controversy. The concern is that this would make DDA 2005 even more difficult to work with than it is at present.

Currently, DDA 2005 is constructed in a very different way to the other discrimination strands. There are three types of discrimination:

      
      ●     Direct discrimination.

      
      ●     Disability-related discrimination: where the individual has been treated less favourably than other people to whom that disability-related reason does not apply. Disability-related discrimination can be justified if the reason for the treatment is “material and substantial”. It is generally acknowledged that this is not a particularly onerous test.

      
      ●     Failure to comply with a duty to make reasonable adjustments.

Problems caused by Malcolm

The House of Lords' judgment last year in

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll