Disability Discrimination Act 2005

Employers are reminded that the employment-related sections of the Disability Discrimination Act 2005, which make changes to the definition of ‘disability’, came into effect on 5 December 2005. Protection under the Act is extended to those diagnosed with progressive forms of cancer, HIV and multiple sclerosis. Previously, protection was afforded when the illness started to have an adverse effect on a person’s ability to carry out their day-to-day activities.

In addition, there is increased protection for those suffering from mental illness as the requirement that the condition is a clinically well-recognised illness has been removed.

In particular, employers who have not already done so are advised to review stress management and long-term absence policies and procedures so that potential problems are identified early on and action taken as soon as possible.

A useful guide on the definition of disability under the Act can be found on the Equality and Human Rights Commission's website.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.