Hello my name’s Mark Ferron MD of Castle Associates
and if you like to know what a disability is from an employment law point of view then
please watch this short video an expert Barrister Nick Singer will explain.
That is amazingly complicated question to the point where and there have been about
50 or 60 cases on it and an entire 100 page chapter in a textbook, so it’s not easy. The
definition is a physical or mental impairment that has a substantial and long-term impact
on your ability to do day-to-day activities and the amount of case law that has been generated
by that phrase is extraordinary. Suffice to say it doesn’t, that is, the definition does
not reflect the reality, so for example substantial actually means more than minor or trivial
and likely actually means could well happen. So it’s a very very technical definition extremely
difficult to unpick in many cases and therefore definitely one where you may wish to get legal
advice on it. There there’s a lot of good guidance on the internet as well which can
help but as I say it’s a surprisingly technical definition.
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