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Protected characteristic: disability

Ian Peate - Professor of Nursing and Editor in Chief of British Journal of Nursing (BJN) First published:

A person has a disability if they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities (Royal College of Nursing, 2023). It is unlawful for an employer to discriminate against a worker because they have a disability.

Nobody has to tell their employer – or potential employer – that they have a disability. There are various reasons that a person might not want to disclose a disability, including:

  • they do not realise their condition is considered to be a disability by law
  • they do not think of themselves as being disabled
  • they are worried or concerned about how the employer might react
  • they do not want others to know about their disability

Employees are still protected from discrimination if their employer could reasonably be expected to know they have a disability.

The Royal College of Nursing

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Ian Peate