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 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 Bellman v Northampton Recruitment Ltd, a personal injury case that may have implications for discriminatory behaviour by employees towards colleagues or third parties.
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.
Updated to include a reference to the Government's Disability Confident scheme.
In this week's podcast, we predict the key cases for 2017. We explain why employment status in the gig economy will be a big talking point, and flag up a major equal pay case against a private-sector employer.
The duty to make reasonable adjustments for disabled workers requires employers to consider what is "reasonable". But how can employers make sure they stay on the right side of this requirement? We round up five examples where the courts and tribunals found that the duty was triggered.
We round up three recent European Court of Justice (ECJ) judgments about discrimination. The ECJ has recently considered: temporary incapacity caused by a workplace accident in Barcelona; the recruitment age limit for Basque police officers; and survivors' pensions for same-sex partners in Ireland.
What were the most significant employment case law decisions in 2016? Stephen Simpson counts down the 10 most important judgments for employers this year.
HR and legal information and guidance relating to disability discrimination.