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.
This is a rare example, along with Stone v Ramsay Health Care UK Operations Ltd ET/1400762/11, of an employment tribunal making wide-ranging recommendations to an employer, in this case asking it to provide equal opportunities training for sections of its HR function and senior management.
In this case, the employer's unjustified assumptions about a diabetic employee led to a £25,555 compensation award to her for disability discrimination.
The employment tribunal in this case made the unusual finding that a job applicant was subjected to harassment when he was accidentally sent an internal email that he felt was dismissive of his application. In addition, the decision provides a good example of a very simple reasonable adjustment that the employer should have made: giving the applicant a few extra minutes to prepare for his interview.
A quiz for line managers to test their knowledge on the law and practice relating to bullying and harassment.
This case is a good reminder of the difference between remarks that constitute unlawful harassment, and mere offensive language.
In this case, the employer's unrelenting desire to dismiss the employee resulted in the highest disability discrimination award in the period from 1 April 2009 to 31 March 2010.
A tribunal can consider an employer's conduct as a whole when determining whether or not unlawful harassment played a part in an employee's dismissal, as this case shows.
The claimant alleged that she had been harassed and victimised when the theatre in which she worked changed its shift practices so that she could no longer simply turn up to work each time a show was on and be given work, which had an impact on her ability to care for her disabled husband.
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.
HR and legal information and guidance relating to disability-related harassment.