Amanda Steadman is a professional support lawyer and Ed Gregory, Rosie Kight and Joanne Magill are associate solicitors at Addleshaw Goddard LLP. They round up the latest rulings.
In Gallop v Newport City Council  IRLR 211 CA, the Court of Appeal held that, in deciding if an employer knew that an employee was disabled, the issue is whether or not the employer knew of the facts constituting the employee's disability. The employer could not rely on an unreasoned opinion in an occupational health report that merely stated that the employee was not disabled within the meaning of the Equality Act 2010.
In this pre-hearing review, the employment judge considered whether or not alleged mobility problems, arising from post-traumatic stress disorder, were sufficient to bring the claimant with the scope of disability discrimination protection.
This employment tribunal had the unusual task of deciding whether or not necrophobia, which is the fear of dead bodies or things associated with death, can be a disability under the Equality Act 2010.
The Court of Appeal has held that, while an occupational health report can assist employers in deciding whether or not an employee is disabled, it is up to the employer itself to make the final judgment as to whether or not the employee is covered by disability discrimination legislation. Employers must not simply "rubber stamp" the medical adviser's opinion.
Joe Beeston, Kate Edminson, Rosie Kight and David Rintoul are associate solicitors and Iain Naylor is a trainee solicitor at Addleshaw Goddard LLP. They round up the latest rulings. They round up the latest rulings.
This employment tribunal allowed a chef's disability discrimination claim to proceed after finding that his severe nut allergy is a disability under the Equality Act 2010.
The employment tribunal in this case allowed the claimant's disability discrimination case to proceed after finding that her severe eczema is a disability under the Equality Act 2010.
In Walker v Sita Information Networking Computing Ltd EAT/0097/12, the EAT held that an obese employee who genuinely suffered from multiple symptoms that were not explained by either a pathological process or any significant physical changes was disabled.
This Northern Ireland tribunal case about the definition of disability considers the dividing line between an individual having a learning disability and simply having difficulty with literacy or numeracy.
HR and legal information and guidance relating to the meaning of disability for the purposes of the disability discrimination legislation.