Commentary and analysis

All items: Disability discrimination

  • Could long COVID meet the definition of disability?

    Date:
    16 September 2021

    While not formally recognised as a disability, the effect long COVID may have on a person's ability to work may mean it should be considered as such. Hollie Ryan, senior associate at Stevens & Bolton LLP, looks at the support employers may need to offer staff with persistent symptoms to avoid legal claims.

  • Long COVID: Potential scenarios for HR and how to deal with them

    Date:
    20 July 2021

    We set out some possible scenarios that HR professionals may face in relation to long COVID, and explain how they could tackle them.

  • Seven key employment law cases from 2020

    Date:
    17 December 2020

    While the focus has been on the impact of the coronavirus pandemic, HR professionals have still had their fair share of employment law cases to keep track of in 2020. We highlight seven noteworthy cases from 2020 that employers should know about.

  • 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.