Employment and discrimination law Essay Example | Topics and Well Written Essays - 2500 words

Employment and discrimination law - Essay Example Moreover, for indirect discrimination claims in both sex and race discrimination, there are four conditions which must be satisfied: However, in order to rely on the DDA provisions for bringing a discrimination claim, Anthony would have to demonstrate a â€Å"disability† for the purposes of the DDA. Section 1 of the DDA defines this as â€Å"a physical or mental impairment which has a substantial and long term adverse effect on his ability to carry out normal day-to-day activities.† The case of Goodwin v The Patent Office6 provided detailed guidance section 1 of the DDA. The first consideration is whether â€Å"the application has an impairment which is either mental or physical7†. Anthony has been diagnosed with cancer, which will constitute physical impairment for the purpose of the DDA definition. Accordingly, Anthony’s condition will come within the definition of a disability under the DDA and the next consideration is whether the impairment will affected his ability to carry out normal day to day activities. The case of Greenwood v British Airways9 determined that this necessarily involved a factual investigation10†. With regard to the current scenario, Anthony’s job as analyst is impacted as he will need a week off every month for treatment. Otherwise, he can still undertake his duties. However, on grounds of the impairment to his ability to carry out the job full time, coupled with the poor economic climate, he is being made redundant. The next issue is whether the adverse effect is substantial11. The Goodwin case highlighted that the definition of substantial means â€Å"more than minor or trivial12† and is essentially a question of fact in each case. Relevant considerations include how long it takes to complete tasks and the manner in which tasks are undertaken.13 With regard to Anthony, he appears to have a senior position it is evident that her work has significantly suffered, which further