This is when the claimant is treated worse / less favourably than someone else because they have a disability. Therefore, they have to be able to show that there is a direct link between their disability and the way they have been treated.

Example: A blind person who meets entry requirements for an IT course is refused because the education provider wrongly assumes that blind people cannot use computers.

Disability by perception gives legal protection for people who are mistakenly perceived to be disabled.

Example: A person is not offered a place on a college course because the college suspects they have a mental health condition (even though they do not) and are therefore concerned they will not be able to complete the course.

Non-disabled people are also protected from discrimination by association to a disabled person. This might be a friend, fellow students or relative. This is important to remember if you are a carer for a disabled person.

Example: A training provider rejects a candidate because they are concerned the candidate’s caring responsibilities (for a disabled family member) will impact on their ability to complete an Apprenticeship.