Updated to include information on recent decisions on the definition of disability, harassment and discrimination arising from disability. See Employment law manual updates: disability discrimination.
The sudden dismissal of an employee with caring responsibilities who is performing satisfactorily will raise suspicions of associative disability discrimination, as the employer in this employment tribunal case found out.
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.
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.
As this case demonstrates, it is unlawful for an employer to discriminate against an employee by treating him or her less favourably than others because of someone else's disability.
This is a rare example, along with Stone v Ramsay Health Care UK Operations Ltd ET/1400762/11, of an employment tribunal making wide-ranging recommendations to an employer, in this case asking it to provide equal opportunities training for sections of its HR function and senior management.
A civilian police worker unsuccessfully claimed unfair dismissal and disability discrimination after she lost her job for a dangerous driving conviction. This is an example of an employer legitimately dismissing a worker who has been convicted of a criminal offence outside work.
The Court of Appeal has given short shrift to a police officer's disability discrimination claim over his police force's actions after he displayed violent tendencies at a Christmas party that led his colleagues to fear for their safety.
HR and legal information and guidance relating to direct disability discrimination.