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Industrial Law Journal 2003 32(4):253-273; doi:10.1093/ilj/32.4.253
© 2003 by Industrial Law Society
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The Impact of the Framework Employment Directive on UK Disability Discrimination Law

Katie Wells1

1 European University Institute, Florence.

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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