In Land Registry v Houghton and others EAT/0149/13, the EAT held that an employment tribunal had been right to find that disabled employees excluded from a bonus payment because of disability-related sickness absence had suffered discrimination arising from disability under s.15 of the Equality Act 2010.
On this week's XpertHR Weekly, we discuss a recent Employment Appeal Tribunal case dealing with "discrimination arising from disability".
The Employment Appeal Tribunal (EAT) has held that non-payment of a discretionary bonus was unfavourable treatment for a reason arising from disability and was not justified.
The employment tribunal in this case ordered South Wales Police to pay £230,215 (before tax) for disability discrimination to a police officer who was required to retire because his knee injury meant that he was unable to carry out frontline duties. The tribunal found that the police force had not met its duty to make reasonable adjustments because it had failed to consider alternative posts for him.
This case is a useful early example, along with Williams v Ystrad Mynach College ET/1600019/11, of how employment tribunals are approaching the new concept of "discrimination arising from disability" under the Equality Act 2010. The claimant fell at the first hurdle by failing to demonstrate a link between his disability and his treatment by the employer.
Definition from the XpertHR glossary.
This case is a useful early example, along with McGraw v London Ambulance Service NHS Trust ET/3301865/11, of how employment tribunals are approaching the new concept of "discrimination arising from disability" under the Equality Act 2010. This claimant succeeded in showing that his employer's requirement that he move to a new contract was unfavourable treatment that arose in consequence of his disability and the employer's actions were not justified.
HR and legal information and guidance relating to discrimination "arising from" disability.