Disability In The EQA Essay

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Nevertheless, some commentators have stated that the EqA is comprehensive enough since it has extended the duty to, service providers, public functions, and associations in a bid to enhance an organised and methodical approach by eliminating the hurdles in workplaces through taking positive steps. The Code of Practice Services, Public Function, and Association, Chapter 7 strongly supports this stand. It further emphasises that the duty extends beyond ‘just avoiding discrimination”. Therefore, as paragraph 7.4 of the Code, which provides that, organisation policy is not a minimalist one, levelling employment ground for disabled employees must be made in so far as it is reasonably practicable to enable them to have equal access of all things …show more content…

McKechnie Plastics Components. In Grant, the claimant sued on the ground that she was discriminated against due to her disability. The ET dismissed her case due to an expert opinion, which pointed that her condition fell short of the statutory disability and was not going to last for long. The claimant then appealed to the EAT, who also agreed with the ETs decision and dismissed her appeal. Certainly, the statutory requirement for persons with disabilities to medically prove their disability is a hindrance for levelling the ground for them. It is a barrier that continues to stifle efforts to enhance the rights of persons with disability. Numerous unfair decisions point to this as was confirmed Konur’s survey of cases between 1996 and 2003 . Konur found that out of the 104 appeals about the definition of disability, 54% failed – both at the tribunal level and at the court level as compared to 13% success rate. 9% of the cases which were successful in the first instance of hearing were reversed on appeal. To this end, the definition of disability as it currently is should be reviewed to ensure that it does not lock out so many people with disability in exercising their rights efficiently. These requirements ought to be removed in order to, realise and create a more level playing field for the

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