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Disability discrimination

New and updated

  • Date:
    24 May 2019
    Type:
    Employment law cases

    Withdrawing offer of overseas posting was not direct disability discrimination

    In Owen v Amec Foster Wheeler Energy Ltd and another, the Court of Appeal held that refusing to allow a disabled employee to undertake an overseas posting due to medical concerns did not amount to direct disability discrimination.

  • Date:
    12 April 2019
    Type:
    Commentary and insights

    Menstruation: Is period pain a disability?

    Many men and women still view menstruation as a taboo topic and feel uncomfortable talking about periods, even though they affect 51% of the UK population at some point in their life. Natalie Taylor looks at whether period pain can constitute a disability and at ways employers can support women with more severe symptoms.

  • Date:
    10 April 2019
    Type:
    Employment law cases

    Disability discrimination: EAT considers if car parking space is a reasonable adjustment

    In Linsley v Revenue and Customs Commissioners, the Employment Appeal Tribunal held that the employer's discretionary car parking policy was a relevant factor to be taken into account in determining the issue of reasonable adjustments, as was the particular disadvantage suffered by the employee, namely the stress of searching for a parking place.

  • Date:
    25 March 2019
    Type:
    Employment law cases

    Dismissing mentally ill employee for failing to attend meetings was discrimination, decides tribunal

    In Flemming v East of England Ambulance Services NHS Trust, an employment tribunal held that an NHS Trust discriminated against a mentally ill employee by dismissing him for gross misconduct following his failure to attend a sickness absence review meeting and occupational health appointments.

  • Date:
    25 February 2019
    Type:
    Commentary and insights

    What do workforce equality standards mean for NHS employers?

    Equality is high on the agenda of most NHS employers. As well as being subject to the gender pay gap reporting regime, NHS employers are required to comply with an equality standard in relation to race, and from April 2019 will be required to comply with a standard on disability. Nicky Green from law firm Capsticks explores what the standards mean for NHS employers.

  • Date:
    10 January 2019
    Type:
    Employment law cases

    Dismissal for urinating in loading yard was unfair and something arising from disability

    In Asda Stores Ltd v Raymond, the Employment Appeal Tribunal (EAT) upheld the tribunal decision that the employer's failure to conduct a reasonable investigation and to take reasonable care during the disciplinary process made the employee's dismissal unfair. The EAT also upheld the tribunal's ruling that his dismissal arose from his disability.

  • Date:
    3 January 2019
    Type:
    Commentary and insights

    Discrimination arising from disability: questions remain about "unfavourable treatment"

    Consultant editor Darren Newman suggests that a recent Supreme Court decision raises more questions than it answers about the tricky issue of what exactly constitutes "unfavourable treatment" because of something arising in consequence of a disability.

  • Date:
    18 December 2018
    Type:
    Employment law cases

    Supreme Court defines "unfavourable" treatment in relation to discrimination arising from disability

    In Williams v Trustees of Swansea University Pension & Assurance Scheme and another, the Supreme Court held that an employee, whose working hours had been reduced to accommodate his disability, was not treated "unfavourably" when his enhanced pension on ill-health retirement was based on his final part-time salary, rather than his full-time salary.

  • Date:
    5 December 2018
    Type:
    Employment law cases

    EAT rules that implied term prevented dismissal of employee with long-term disability cover

    In Awan v ICTS UK Ltd, the Employment Appeal Tribunal (EAT) held that an implied term of the contract of employment prohibited the employer from dismissing the employee for medical capability while he was entitled to receive long-term disability benefits.

  • Date:
    29 November 2018
    Type:
    Employment law cases

    Disability discrimination: Dismissal of shoplifting employee with tendency to steal

    In Wood v Durham County Council, the Employment Appeal Tribunal (EAT) held that the employee's tendency to steal was a manifestation of his disability and an excluded condition under the Equality Act 2010 (Disability) Regulations 2010.

About this topic

HR and legal information and guidance relating to disability discrimination.