Disability law

The key developments

* The non-renewal of a disabled employee's temporary contract can amount to disability discrimination (case 1).

* Drug and alcohol dependency are excluded from the definition of a disability for the purpose of the Disability Discrimination Act, but the consequences of an addiction can amount to a disability (case 2).

* There is no requirement to balance the risk of injury with the potential to discriminate (case 3).

* The duty to make adjustments does not require the employer to give an alternative job under different terms (case 4).

* The employer in disability discrimination cases should focus on what the employee can do, not on what s/he cannot do (case 5).

* A mental impairment does not, in every case, have to be one that comes within the World Health Organisation definition (case 6).

The basic legal rules

It is unlawful for an employer of 15 or more employees to treat a disabled person less favourably. This includes refusing to hire a disabled person or refusing to promote them for a disability-related reason.

A disability is defined as an impairment that is long-term and has a substantial and detrimental impact on a person's ability to carry out a range of normal day-to-day activities.

Employers must additionally make reasonable adjustments to accommodate the needs of a disabled person, and offer alternative available employment if the work s/he is doing is no longer suited.