How does an employee's condition meet the definition of disability?
Under the Equality Act 2010, can an employee bring a claim for harassment where the unwanted conduct is not directed at him or her?
For the purposes of the Equality Act 2010 does a mental illness have to be clinically well recognised?
Is someone with HIV, cancer or multiple sclerosis protected under the disability provisions of the Equality Act 2010 only at the point that the condition affects his or her ability to carry out day-to-day activities?
Is alcohol addiction covered by the disability provisions of the Equality Act 2010?
Are there any conditions or categories of work that fall outside the scope of the Equality Act 2010?
In what circumstances can an employer be accused of discriminating against a disabled employee?
What is the right to bring a claim for discrimination arising from disability under the Equality Act 2010?
Yes. Section 26 of the Equality Act 2010 defines harassment as unwanted conduct related to a relevant protected characteristic that has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person.
This means that an employee can make a complaint of harassment where he or she is offended by behaviour even if it is not directed at him or her. The employee does not need to possess the relevant protected characteristic. For example, a non-Muslim employee (A) who witnesses a colleague (B) teasing another colleague (C) about C's Muslim faith, and is offended by the harassment that is directed at C, can bring a complaint of harassment. However,
A will succeed with the claim only if, having regard to all the circumstances including A's perception, the conduct should reasonably be considered as having the effect of violating A's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for A.
If a third party harasses an employee, will his or her employer be liable for the third party's actions under the Equality Act 2010?
Should an employer that does not have disabled employees concern itself with good practice in disability?
Can an employer be held culpable for discriminating against an employee if it was unaware of the claimant's disability?
Does the Equality Act 2010 outlaw associative discrimination?
Could an employee who is refused time off to care for a disabled dependant bring a claim under the Equality Act 2010?
Is an employer breaching the Equality Act 2010 if it fails to make adjustments for a disabled person?
What reasonable adjustments could an employer consider if it employs a member of staff with a disability that fluctuates?
What can an employer do if it is concerned about the costs of making reasonable adjustments that would enable it to recruit a disabled person?
Where an employer redeploys a disabled employee to a lower-grade post under its obligations to make reasonable adjustments, is it obliged to maintain the employee's salary level?
If the employer lowers a disabled employee's targets, should it also reduce his or her bonus and end-of-year rating?
If an employee who has been diagnosed with diabetes requests to work from home, does the employer have to agree to his or her request?
Where an employee who is disabled for the purposes of the Equality Act 2010 is required to take time off to attend a medical appointment should the time off be paid?
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