Editor's message: Disabled people are protected in the workplace against direct and indirect disability discrimination, harassment and victimisation because of their disability. Disability discrimination legislation covers actual and prospective employees, and ex-employees.
An important and unique feature of disability discrimination law is the duty to make reasonable adjustments. One of the situations in which the duty is triggered is where an employer applies a provision, criterion or practice that subjects a disabled person to a substantial disadvantage. Under the duty, employers must take reasonable steps to remove that disadvantage. You may do this by, for example, allocating some of the disabled person's duties to another person, changing his or her hours or place of work, or modifying disciplinary or grievance procedures. A failure to comply with the duty to make reasonable adjustments may constitute disability discrimination.
There is no qualifying period of employment for an individual to bring a claim of disability discrimination to an employment tribunal and no ceiling on the amount of compensation that can be awarded if a claim is successful.
Ellie Gelder, employment law editor
In City of York Council v Grosset EAT/0015/16, the EAT upheld a tribunal's decision that the dismissal of a teacher who showed an 18-rated film to a class of vulnerable 15- and 16-year-olds amounted to discrimination because of something arising from his disability under s.15 of the Equality Act 2010. The evidence available to the tribunal enabled a permissible conclusion that the misconduct arose in consequence of disability, and that dismissal was not objectively justified.
Updated to include information on Essop and others v Home Office (UK Border Agency), in which the Supreme Court dealt with disadvantage in the context of indirect discrimination claims.
Chris Cook is a partner and Keely Rushmore is a senior associate at SA Law. They round up the latest rulings.
The Court of Appeal has held that an employer's decision to disregard new medical evidence and dismiss an employee on long-term sickness absence amounted to discrimination arising from disability and unfair dismissal.
The Employment Appeal Tribunal has held that an employee could not claim for harassment on the ground of disability where he had not proved, but merely asserted, that he has a disability.
We discuss the key employment law trends and changes that are affecting the HR landscape, including: gender pay gap reporting; the Trade Union Act 2016; public-sector exit payments and employment status.
In this week's podcast, we explore the steps that you can take to reduce the risk of having an indirectly discriminatory provision, criterion or practice. We also discuss what to take into account when deciding whether or not indirect discrimination can be justified.
No matter who the employer is and how much scrutiny they are under, calculating bonuses can be problematic. We round up five employment law cases where the employer made a bonus mistake.
Updated to include information on trends in employing individuals with disabilities.
The Employment Appeal Tribunal (EAT) has held that the dismissal of a teacher for showing an 18-rated film to a class of vulnerable 15- and 16-year-olds amounted to unfavourable treatment arising from his disability and was not justified.
HR and legal information and guidance relating to disability discrimination.