In O'Brien v Bolton St Catherine's Academy  IRLR 547 CA, the Court of Appeal held that the employer's decision to disregard new medical evidence and dismiss an employee on long-term sickness absence amounted to both discrimination arising from disability and unfair dismissal.
Updated to include information on Charlesworth v Dransfields Engineering Services Ltd, in which the EAT held that the employee's disability-related absence was not the effective cause of the decision to dismiss.
We provide a mid-year round-up of key employment law cases in 2017.
The employment tribunal held that the dismissal of a disabled employee on a final written attendance warning following an absence unrelated to her disabilities constituted discrimination arising from disability.
The employment tribunal held that the claimant's former employer committed discrimination arising from disability after providing details of his sickness absence levels to a prospective employer and stating that it would not re-employ him.
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.
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.
HR and legal information and guidance relating to discrimination "arising from" disability.