Disability Discrimination

A disability discrimination assessment is a formal evaluation conducted by a medical expert to determine whether an individual suffers from a mental impairment as defined under the Equality Act 2010. The assessment focuses on whether the impairment has a substantial and long-term adverse effect on the individual’s ability to carry out normal day-to-day activities.

The evaluation specifically addresses the legal test for disability, which requires that the condition has lasted, or is likely to last, for at least twelve months. It examines the impact of the condition without the effect of medical treatment, providing a baseline of the individual’s functional limitations.

• Mental impairment — identification of a clinically recognised psychological condition
• Substantial impact — evidence that the effect is more than minor or trivial
• Long-term duration — determination if the condition has lasted or will last 12 months
• Day-to-day activities — assessment of functional limitations in routine tasks
• Effect of treatment — evaluating the impairment in the absence of medication or therapy
• Statutory Definition — application of the Equality Act 2010 criteria to determine disability status

Our experts provide robust reports that withstand the scrutiny of employment tribunals and civil courts, ensuring all findings are CPR Part 35 compliant. The assessment involves a thorough review of occupational health records and clinical history to provide a definitive opinion.

The resulting expert witness report offers clear guidance on the nature of the disability and the functional impact. This evidence assists the tribunal in determining whether the statutory definition of disability is met and, where relevant, whether duties under the Equality Act 2010 arise.