Disability Discrimination

A Claimant cannot successfully claim harassment by simply asserting s/he has a disability without establishing s/he is disabled under the Equality Act 2010 according to the EAT in Peninsula Business Services v Baker.

The EAT held that discrimination protection is not available to those who merely assert a disability. The protection applies only to those who have a disability, to those associated with a disabled person, or to those who are wrongly perceived to be disabled.