Updated to include information on Buchanan v The Commissioner of Police of the Metropolis, in which the EAT dealt with justification in the context of discrimination arising from disability.
This tribunal decision concerned a director who made dismissive comments about an employee's medical condition instead of considering whether or not she had a disability. The tribunal found the employer had constructive knowledge of the claimant's disability and the comments were discrimination arising from her disability.
Lauren Evans, Iain Naylor, David Rintoul, Lucy Sorell and Rachael Wake are associates at Addleshaw Goddard LLP. They round up the latest rulings.
A Northern Ireland tribunal has applied the European Court of Justice (ECJ) decision in FOA, acting on behalf of Karsten Kaltoft v Billund Kommune that obesity can by itself amount to a disability.
In a good example for line managers of inappropriate comments in a return-to-work interview, an employment tribunal has found that a sergeant's comments to a police officer returning to work after a stress-related absence constituted disability harassment.
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, a job applicant questioned at an interview by a line manager about his history of mental illness in an insensitive and hostile manner was found to have been harassed. However, the applicant, who was ultimately not appointed to the job, was found not to have been discriminated against otherwise because in no sense whatsoever was his illness a factor in the company's failure to offer him the job.
The Government consults on proposals to repeal the third-party harassment provisions in the Equality Act 2010 on the basis that there is no evidence that they serve a practical purpose or are proportionate for dealing with harassment by third parties.
Georgina Kyriacou and David Malamentenios are partners and Sandra Martins, Colin Makin and Krishna Santra are associates at Colman Coyle Solicitors. They round up the latest rulings.
HR and legal information and guidance relating to disability-related harassment.