25 April 2005

A recent article in the British Medical Journal found that depression and anxiety are the most common reasons for absence from work. The researchers estimated that long term sickness benefits for these conditions cost industry £13 billion a year.

Changes to the Disability Discrimination Act 1995 may make it easier for people with such conditions to claim that they are disabled. On 7 April 2005 amendments to the 1995 Act were approved, although no date for the introduction of the changes has been set. However, it is anticipated that it will implemented in stages from late 2005.

Mental illnesses

When the law changes claimants with mental impairments will no longer have to show that their impairment is a clinically well-recognised illness. However, claimants will still have to show that their impairment has a long term and substantial adverse effect on their ability to carry out day-to-day activities for their impairment to amount to a disability. The Government argues that the removal of the ‘clinically well recognised requirement’ will not lead to more spurious claims, as claimants must still prove their impairment is a disability.

Public authorities

Public bodies will have a new duty to promote equality of opportunity for disabled people. The duty includes:

Definition of disability

The definition of disability will also be widened so that people with cancer, multiple sclerosis and HIV will be deemed to be disabled. There was debate over whether so called minor/easily treatable cancers should be excluded from the definition and the 2005 Act provides that the government may make regulations on this issue. Cancer charities and trade unions objected to the exclusion and no regulations on this contentious issue are expected until later this year. UNISON continues to lobby for all cancers to be covered.

The Government estimate that the new definition of disability will provide protection for another 175,000 people.