This week's case of the week, provided by DLA Piper, covers disability discrimination.
In City of Edinburgh Council v Dickson EATS/0038/09, the EAT upheld the employment tribunal's decision that an employee whose employer failed properly to consider his explanation that he had behaved out of character during a hypoglycaemic episode was unfairly dismissed. However, the tribunal's conclusion that the employer's rejection of that explanation amounted to direct and disability-related discrimination was wrong in law and was overturned.
This week's case of the week, provided by Thomas Eggar, covers unfair dismissal and disability discrimination.
The Employment Appeal Tribunal has upheld an employment tribunal decision that an employee was unfairly dismissed for viewing pornography at work during a “hypoglycaemic episode” brought on by diabetes when he behaved wholly out of character and after which he had no recollection of what he had done. However, it overturned the tribunal decision that the dismissal amounted to disability discrimination.
In EBR Attridge Law LLP and another v Coleman (No.2)  IRLR 10 EAT, the EAT held that the Disability Discrimination Act 1995 should be construed so as to prohibit associative discrimination - that is, discrimination against a person who is not disabled on the grounds of his or her association with a disabled person.
The Employment Appeal Tribunal has held that employment tribunals can hear claims under the Disability Discrimination Act 1995 in relation to association with a disabled person.
An employment tribunal has held that it does have jurisdiction to hear a claim under the Disability Discrimination Act 1995 on the ground of an association with a disabled person.
The European Court of Justice has held that the Framework Employment Directive (2000/78/EC) does cover direct discrimination and harassment against an employee on the ground of his or her association with a disabled person.
Tina McKevitt, lecturer in employment law at University of Sheffield, provides a round-up of employment tribunal decisions on discrimination.
HR and legal information and guidance relating to direct disability discrimination.