The Employment Appeal Tribunal has held that the employee's disability-related absence was not the effective cause of the employer's decision to make the employee redundant. Rather, the absence was part of the context in which the employer identified the opportunity to restructure its business and eliminate the employee's post.
Updated to include information on Government Legal Service v Brookes, in which the EAT held that a requirement for a job applicant with Asperger's syndrome to complete an online psychometric test was indirectly discriminatory.
The Employment Appeal Tribunal (EAT) has held that a requirement for a job applicant with Asperger's syndrome to complete an online multiple-choice psychometric test was indirectly discriminatory. The EAT also upheld claims for discrimination arising from disability and failure to make reasonable adjustments.
In City of York Council v Grosset EAT/0015/16, the EAT upheld a tribunal's decision that the dismissal of a teacher who showed an 18-rated film to a class of vulnerable 15- and 16-year-olds amounted to discrimination because of something arising from his disability under s.15 of the Equality Act 2010. The evidence available to the tribunal enabled a permissible conclusion that the misconduct arose in consequence of disability, and that dismissal was not objectively justified.
The Court of Appeal has held that an employer's decision to disregard new medical evidence and dismiss an employee on long-term sickness absence amounted to discrimination arising from disability and unfair dismissal.
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.
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.
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.
This employment tribunal held that a bus company's decision to dismiss a disabled employee amounted to discrimination arising from disability. The justification defence failed because the tribunal found that there were a number of other options available that would have amounted to a less discriminatory means of achieving a safe place of work.
The number of employment tribunal claims for discrimination arising from disability appears to be rising. John Charlton looks at what is behind the trend, and asks how future developments could affect the way employers manage disabled people at work.
HR and legal information and guidance relating to discrimination "arising from" disability.