Disability case law update

This report relates to 15 case(s)

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  Cosgrove v Northern Ireland Ambulance Service [2007] IRLR 397 NICA (0 other reports)
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  Department of Constitutional Affairs v Jones [2008] IRLR 128 CA (1 other report)

  • Case of the week: Tribunal right to extend time for disabled claimant

    Date:

    2 October 2007

    This week's case of the week, provided by Addleshaw Goddard, covers the extension of time limits for disabled claimants.

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  Environment Agency v Rowan [2008] IRLR 20 EAT (0 other reports)
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  Hart v Chief Constable of Derbyshire Constabulary EAT/0403/07 (1 other report)

  • Disability discrimination: No requirement to modify national competence standards for disabled trainee police officer

    Date:

    25 February 2008

    In Hart v Chief Constable of Derbyshire Constabulary EAT/0403/07, the EAT held that, although serving police officers who become disabled may be placed on restricted duties to avoid the risk of confrontational situations, it was not reasonable to expect a police force to make such an adjustment to the national training standards to allow a disabled probationary officer to qualify as a police constable.

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  Hay v Surrey County Council [2007] EWCA Civ 93 CA (1 other report)

  • Hay v Surrey County Council

    Date:

    19 February 2007

    In Hay v Surrey County Council [2007] EWCA Civ 93 CA, the Court of Appeal has agreed with the Employment Appeal Tribunal (EAT) that the tribunal's decision that the employer had failed in its duty to make reasonable adjustments was perverse.

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  HM Prison Service v Johnson [2007] IRLR 951 EAT (0 other reports)
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  Hospice of St Mary of Furness v Howard [2007] IRLR 944 EAT (0 other reports)
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  O'Hanlon v Commissioners for HM Revenue & Customs [2007] IRLR 404 CA (2 other reports)

  • Disability discrimination: No obligation to continue to pay full sick pay to disabled employee

    Date:

    11 July 2007

    In O'Hanlon v Commissioners for Inland Revenue & Customs [2007] IRLR 404 CA, the Court of Appeal held that the Disability Discrimination Act 1995 does not require an employer to continue paying a disabled employee whose entitlement to sick pay has been exhausted by disability-related absence.

  • O'Hanlon v Commissioners for HM Revenue & Customs

    Date:

    11 April 2007

    In O'Hanlon v Commissioners for HM Revenue & Customs [2007] EWCA Civ 283 CA, the Court of Appeal has held that failing to pay a disabled employee full pay when on sick leave will not normally breach the duty to make reasonable adjustments.

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  Paterson v Commissioner of Police of the Metropolis [2007] IRLR 763 EAT (3 other reports)

  • Disability discrimination: Taking promotional exams was a normal day-to-day activity

    Date:

    29 October 2007

    In Paterson v Commissioner of Police of the Metropolis [2007] IRLR 763, the EAT held that a policeman who suffered from dyslexia, which disadvantaged him when undergoing assessment for promotion, had an impairment that had a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities. The dyslexia therefore amounted to a disability within the meaning of the Disability Discrimination Act 1995.

  • Case round-up

    Date:

    1 September 2007

    Judith Harris, professional support lawyer at Addleshaw Goddard, outlines the latest legal rulings.

  • Paterson v Commissioner of Police of the Metropolis

    Date:

    27 July 2007

    In Paterson v Commissioner of Police of the Metropolis EAT/0635/06, the Employment Appeal Tribunal has held that a police officer who suffered from mild dyslexia and therefore needed extra time to complete promotion examinations was disabled.

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  Project Management Institute v Latif [2007] IRLR 579 EAT (2 other reports)

  • Burden of proof in disability discrimination cases

    Date:

    1 July 2007

    The EAT provides guidance on shifting the burden of proof in disability discrimination claims, in Project Management Institute v Latif (10 May 2007).

  • Project Management Institute v Latif

    Date:

    22 June 2007

    In Project Management Institute v Latif EAT/0028/07, the Employment Appeal Tribunal (EAT) has considered the burden of proof in disability discrimination cases where there has been a failure to make reasonable adjustments.

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  R (on the application of Chavda & Ors) v London Borough of Harrow [2007] EWHC 3064 (0 other reports)
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  Smith v Churchills Stairlifts plc [2006] IRLR 41 CA (1 other report)

  • Disability discrimination update (2)

    Date:

    29 December 2006

    This article, the second in a two-part series on disability discrimination, looks at some of the recent key disability discrimination judgments.

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  St Helens Metropolitan Borough Council v Derbyshire and others [2007] IRLR 540 HL (4 other reports)

  • Victimisation: Employer went beyond what was reasonable

    Date:

    11 July 2007

    In St Helens Metropolitan Borough Council v Derbyshire and others [2007] IRLR 504 HL, the House of Lords held that an employer that wrote to a number of equal pay litigants and their colleagues warning of potential job losses if they continued with their claims victimised them contrary to the Sex Discrimination Act 1975.

  • Victimisation is subjective

    Date:

    1 June 2007

    The House of Lords has established, in St Helens Borough Council v Derbyshire and others (25 April 2007), that when determining whether an employer's conduct amounts to victimisation, it must be considered from the alleged victim's perspective.

  • Case of the week: Pressurising claimants amounts to victimisation

    Date:

    8 May 2007

    This week's case of the week, provided by Dundas & Wilson, covers victimisation for making an equal pay claim.

  • St Helens Borough Council v Derbyshire and others

    Date:

    27 April 2007

    In St Helens Borough Council v Derbyshire and others [2007] UKHL 16 HL, the House of Lords has held that a council victimised school catering staff bringing equal pay claims by sending letters to them stating that continuing to pursue their claims could lead to redundancies.

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  Tarbuck v Sainsbury's Supermarkets Ltd [2006] IRLR 664 EAT (2 other reports)

  • Disability discrimination update (2)

    Date:

    29 December 2006

    This article, the second in a two-part series on disability discrimination, looks at some of the recent key disability discrimination judgments.

  • Case round-up

    Date:

    1 September 2006

    Joe Glavina and Phil Williams of Addleshaw Goddard outline the latest legal rulings and explain what you need to do to avoid tribunals.

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  Williams v University of Nottingham [2007] IRLR 660 EAT (0 other reports)