Commentary and analysis

All items: Disability discrimination

  • Ascertaining whether an employee has a disability

    Date:
    2 October 2019

    Charles Wynn-Evans examines the issues arising from HR referring an employee to occupational health and the lessons to be learnt from two cases that focused on whether the employers had "constructive" knowledge of disability.

  • Reasonable adjustments for disabilities: Seven examples for employers

    Date:
    17 September 2019

    The Equality Act 2010 imposes a positive obligation on employers to make reasonable adjustments that will assist disabled individuals. While employers may be familiar with the duty, sometimes it is not straightforward deciding what is "reasonable". We explore some of the key factors as we look at seven situations where adjustments were found to be reasonable.

  • "Something arising" from disability - the stretchiest words of the Equality Act 2010

    Date:
    21 August 2019

    The protection against discrimination arising from disability under s.15 of the Equality Act 2010 is framed to give HR sleepless nights. Jason Braier explains why as he looks at how the courts and tribunals are construing "something arising".

  • What do workforce equality standards mean for NHS employers?

    Date:
    25 February 2019

    Equality is high on the agenda of most NHS employers. As well as being subject to the gender pay gap reporting regime, NHS employers are required to comply with an equality standard in relation to race, and from April 2019 will be required to comply with a standard on disability. Nicky Green from law firm Capsticks explores what the standards mean for NHS employers.

  • Discrimination arising from disability: questions remain about "unfavourable treatment"

    Date:
    3 January 2019

    Consultant editor Darren Newman suggests that a recent Supreme Court decision raises more questions than it answers about the tricky issue of what exactly constitutes "unfavourable treatment" because of something arising in consequence of a disability.

  • Successful "discrimination arising from disability" claim in respect of fair dismissal

    Date:
    25 May 2018

    Consultant editor Darren Newman explains how the difference between the test of reasonableness in relation to unfair dismissal and the test for justification in relation to "discrimination arising from disability" led to an interesting - and important - Court of Appeal decision.

  • Diabetes as a disability

    Date:
    9 April 2015

    Consultant editor Darren Newman considers a recent Employment Appeal Tribunal decision involving the concept of disability for the purposes of the Equality Act 2010, when considered in relation to an individual with type 2 diabetes largely controlled by avoiding sugary drinks.

About this category

Commentary and analysis: HR and legal information and guidance relating to disability discrimination.