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Revised draft guidance on the definition of disability has been laid before Parliament and is expected to come into force on 1 May 2011, after which tribunals will be required to consider it when determining disability cases.  One issue that has been the subject of debate is how tribunals will decide who has the "same disability" as the claimant when considering group disadvantage caused by indirect discrimination.  The guidance suggests a relatively broad approach, for example grouping those with "mobility impairments" together.

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