The Court of Appeal has held that, while an occupational health report can assist employers in deciding whether or not an employee is disabled, it is up to the employer itself to make the final judgment as to whether or not the employee is covered by disability discrimination legislation. Employers must not simply "rubber stamp" the medical adviser's opinion.
Colin Makin, Krishna Santra, Linda Quinn and Sandra Martins are senior associates and Melissa Powys-Rodrigues is an associate at Colman Coyle Solicitors. They round up the latest rulings.
The EAT has held that an employer's failure to allocate a parking space to a disabled employee amounted to a failure to make a reasonable adjustment.
It is perfectly possible for there to be very little direct evidence of discrimination in a recruitment process, but for an employee to win a tribunal claim because the employer's failure to keep a clear record leads to inconsistencies in its defence, as this disability discrimination case shows.
The Employment Appeal Tribunal has confirmed that employers do not have a duty to make reasonable adjustments where an individual, typically a carer, has an association with a disabled person.
David Malamatenios is a partner, and Linda Quinn, Krishna Santra, Sandra Martins and Melissa Powys-Rodrigues are solicitors at Colman Coyle Solicitors. They round up the latest rulings.
Joe Beeston, Kate Edminson, Rosie Kight and David Rintoul are associate solicitors and Iain Naylor is a trainee solicitor at Addleshaw Goddard LLP. They round up the latest rulings. They round up the latest rulings.
Additional information on the law on disability discrimination for local authority employers, including Green Book provisions and sick pay. To be read in conjunction with the general information on the law on disability discrimination.
This case is an example of an employer committing associative disability discrimination. The employer discriminated against an employee who required time off because her husband was seriously ill.
In this case, the claimant unsuccessfully argued that he was forced to resign because of his association with a disabled person, namely his father who was diagnosed with Alzheimer's.
HR and legal information and guidance relating to disability discrimination.