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Disability Discrimination Act

This episode of the Law Report focuses on disability discrimination, in particular, the Disability Discrimination Act 2005 and the Equal Treatment directive. This is an advanced level course.



The Disability Discrimination Act 1995 was designed to protect disabled people in employment, access to services, premises and private clubs and education.

The Disability Discrimination Act 2005 made a number of amendments to the Act, including inserting the disability equality duty, known as the general duty. The duty is aimed at tackling systemic discrimination and ensuring public authorities build disability equality into everything they do.

Following a discrimination law review, the Government is now proposing a single Equality Bill for Great Britain. The aim is to create a clearer and more streamlined discrimination legislative framework which produces better outcomes for those experiencing disadvantage.

The information in this podcast represented the legal position when it was recorded on 06/09/2007

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Aims and Outcomes

This podcast explores how discrimination legislation is applied by the courts.

It will be useful for any lawyers with an interest in this area of the law and specialists wanting further insight into recent judgements and the implications of the Equal Treatment Directive.

The interview lasts for 27 minutes. It will take you a further 20 minutes to complete the questionnaire. You will need to get 50 per cent of the questions right to gain your CPD.

Learning outcomes

After listening to the interview, you will understand:

  • The extended definition of “disability” following the Disability Discrimination Act 2005
  • Whether or not tribunals should consider “coping strategies”
  • Disability-related absences and sick pay
  • Dismissal and/or discrimination on the grounds of ill health
  • When you need comparators in disability discrimination claims
  • How and when employers can justify disability discrimination
  • The reasonable adjustments employers can make including regrading
  • The implications of the Equal Treatment Directive
  • The issues in the Government’s consultation on a single Equalities Bill
Jane Russell
Jane Russell

Jane Russell is a barrister with Tooks Chambers specialising in employment and discrimination law. She has appeared in the Court of Appeal, Employment Appeal Tribunal and Employment Tribunal on behalf of both claimants and respondents in unfair dismissal, wrongful dismissal, race, sex, sexual orientation and disability discrimination claims. She has advised and settled pleadings in a wide range of employment law matters. She is particularly interested in race and sex discrimination issues.

Her recent notable cases include:

  • Famy v Hilton UK Hotels Limited (EAT/0639/2005) (Race Discrimination – Failure to Promote)
  • Kelly v Football Association (EAT 0015/2005) (Disability Discrimination – Discrimination by other bodies)
  • Securicor Security Limited v Toujani (EAT 0050/2005) (Race Discrimination – Victimisation)
  • Peters v Sat Katar Co Ltd CA [2003] IRLR 574 (rules of procedure – institution of appeal – time limit)

Jane previously practised as a solicitor and solicitor-advocate for six years. She worked in the employment departments at Linklaters and Herbert Smith and was Deputy Head of the employment department at Fisher Meredith.

She qualified as a solicitor in 1998 and gained higher rights in all proceedings in 2001. She joined Tooks chambers in 2004. She is a member of the Discrimination Law Association, the Employment Law Bar Association and the Employment Lawyers Association.