Under the law, disability is regarded as 'a physical or mental impairment which has a substantial or long term effect on an individual's ability to carry out normal day to day activities'.
Discrimination at work would occur where a disabled person received less favourable treatment from an employer, because of his or her disability, compared to that received by individuals with no disability.
Discrimination is permitted only in limited circumstances, when it is less favourable treatment that can be justified as material (i.e. relevant) and substantial. For example, in circumstances where even with the making of adjustments, a disabled person could still not carry out the main function of a job, such as a carpet fitter with a bad back, which would absolutely prevent them from fitting carpets.
