Amanda Steadman is a professional support lawyer and Ed Gregory, Rosie Kight and Joanne Magill are associate solicitors at Addleshaw Goddard LLP. They round up the latest rulings.
The Employment Appeal Tribunal has held that an employer's duty to make reasonable adjustments for a disabled person did not include disregarding the absence triggers in its attendance policy that resulted in the employer commencing formal action against the disabled person because of the level of her absence.
In Hainsworth v Ministry of Defence EAT/0227/13, the Employment Appeal Tribunal held that there is no arguable case that an employer was under a duty of reasonable adjustment in relation to a non-disabled employee who requested a change of job location for the benefit of her disabled daughter.
In Environment Agency v Donnelly EAT/0194/13, the Employment Appeal Tribunal held that an employer's refusal to allocate a parking space to a disabled employee was a breach of its duty to make reasonable adjustments.
The employment tribunal in this case ordered South Wales Police to pay £230,215 (before tax) for disability discrimination to a police officer who was required to retire because his knee injury meant that he was unable to carry out frontline duties. The tribunal found that the police force had not met its duty to make reasonable adjustments because it had failed to consider alternative posts for him.
In Gallop v Newport City Council  IRLR 211 CA, the Court of Appeal held that, in deciding if an employer knew that an employee was disabled, the issue is whether or not the employer knew of the facts constituting the employee's disability. The employer could not rely on an unreasoned opinion in an occupational health report that merely stated that the employee was not disabled within the meaning of the Equality Act 2010.
In this pre-hearing review, the employment judge considered whether or not alleged mobility problems, arising from post-traumatic stress disorder, were sufficient to bring the claimant with the scope of disability discrimination protection.
The potential for employers to be exposed to disability discrimination claims from a failure to make reasonable adjustments has been increased thanks to a legal ruling, a lawyer has argued. Nic Paton reports.
This employment tribunal had the unusual task of deciding whether or not necrophobia, which is the fear of dead bodies or things associated with death, can be a disability under the Equality Act 2010.
Victoria Bell is managing associate and Gerri Hurst, Carly Mather and Andrew Nealey are associates and Eleanor Cittern is a trainee solicitor at Addleshaw Goddard LLP.
HR and legal information and guidance relating to disability discrimination.