Proving you are ´disabled´ in a disability discrimination case
In order to benefit from the protection of the Disability Discrimination Act 1995, you must show in the PHR that you are a person who fits the definition of a ‘disabled’ person as set out in the legislation.
This means that you must show the following:
• you have, or have had, a long-term physical or mental impairment;
• that affects your ability to perform day-to-day activities, as identified in the legislation.
If the Respondent does not accept that you are disabled, the onus is on you to gather evidence to show that you meet the definition of a disabled person. You must, therefore, gather the evidence that supports your claim to be disabled. This might involve:
• Provision of medical notes and records; or
• instructing an expert to produce a report (there may be a cost involved to you)
The tribunal will hear evidence from you and any experts, as well as considering your documentary evidence relating to your impairment and conclude whether or not you are disabled for the purposes of the claim. If you fail to support your claim in the PHR your disability discrimination claim will be dismissed.
Please note: Providing clear documentary evidence to the Respondent often avoids the need to have the matter decided by the tribunal in a PHR. In that case the Respondent simply accepts that you are ‘disabled’ for the purposes of the Disability Discrimination Act.