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)
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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)
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- 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)
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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)
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- 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.
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- 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)
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- 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.
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- Date:
- 1 September 2007
Judith Harris, professional support lawyer at Addleshaw Goddard, outlines the latest legal rulings.
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- 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)
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- 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).
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- 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)
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St Helens Metropolitan Borough Council v Derbyshire and others [2007] IRLR 540 HL
(4 other reports)
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- 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.
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- 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.
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- Date:
- 8 May 2007
This week's case of the week, provided by Dundas & Wilson, covers victimisation for making an equal pay claim.
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- 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)
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- 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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- 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)
This article looks at recent
key disability discrimination judgments, and their implications for employers.
Issues considered include discrimination by association, whether or not a
failure to consult over reasonable adjustments or to conduct an assessment is,
in itself, a breach of the disability discrimination legislation, and the
definition of disability.
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