Journal Article

The Impact of the Framework Employment Directive on UK Disability Discrimination Law

Katie Wells

in Industrial Law Journal

Published on behalf of The Industrial Law Society

Volume 32, issue 4, pages 253-273
Published in print December 2003 | ISSN: 0305-9332
Published online December 2003 | e-ISSN: 1464-3669 | DOI: https://dx.doi.org/10.1093/ilj/32.4.253
The Impact of the Framework Employment Directive on UK Disability Discrimination Law

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This article explores the potential effects of the Framework Employment Directive on UK disability discrimination law in the field of employment. It focuses on two points: the definition of disability and the duty to make reasonable adjustments. In respect of disability, the article identifies a trend in the UK system towards a restrictive and medical interpretation of the concept, which may be in conflict with the Directive's aim to combat disability discrimination. In terms of reasonable adjustment, the article considers how this duty is framed in Community law, and how the existing duty in the UK will develop under European influence in particular in view of the Directive's definition of indirect discrimination. The article concludes that the Directive leaves many uncertainties for national judges which may only be resolved by the European Court of Justice, but that the situation of claimants under the DDA may be improved by the advent of Community disability law.

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Subjects: Employment and Labour Law

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