Invisible Disability Discrimination in Comparative Law: An Assessment of Mrs J Williams V Newport City Council (2023) EAT 136 in United Kingdom Labour Law

Abstract

Disability is defined as a deficiency in an individual's physical, mental, or sensory abilities, whether congenital or acquired. Disability can be temporary or permanent. Some health conditions of individuals with disabilities are visible and predictable. Orthopedic disabilities, limb loss, or postural and movement disorders are examples of such visible disabilities. Apart from these noticeable and recognizable disabilities, the existence of invisible (hidden) disabilities is also acknowledged. These types of disabilities are referred to as "invisible" because the health condition is not easily detectable, and in some cases, the individual may not even be aware of their disability due to the nature of their health condition. In the workplace disability-including invisible disability-can be a ground for discrimination. Individuals with disabilities, particularly those with invisible disabilities, may face discrimination in job applications, performance evaluations during employment, or even at the termination of employment, due to the lack of reasonable accommodations. The subject of this study is the decision in the case of Mrs. J Williams v Newport City Council: [2023] EAT 136 and its evaluation within the scope of disability, invisible disability, and discrimination in UK employment law, as well as a comparison with Turkish employment law.