All items: Discrimination arising from disability

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  Appleby v The Governing Body of Colburn Community Primary School and another EAT/0334/15 (3 reports relating to this case)

  • Disability discrimination: Refusal of flexible start time to disabled teaching assistant was reasonable

    Date:

    1 November 2016

    In Appleby v The Governing Body of Colburn Community Primary School and another EAT/0334/15, the EAT upheld an employment tribunal decision that it was not a breach of disability discrimination laws to require a teacher with narcolepsy and mental health problems to be at work for 8.45am, when she had asked for 15 minutes' leeway to arrive by 9am.

  • Case round-up

    Date:

    1 July 2016

    David Malamatenios is partner at Colman Coyle Solicitors. He rounds up the latest rulings.

  • Disability: flexible start time for teaching assistant was not reasonable adjustment

    Date:

    31 May 2016

    The Employment Appeal Tribunal (EAT) has held that it was not a breach of disability discrimination laws to require a teacher with narcolepsy and mental health problems to be at work for 8.45am, when she had asked for 15 minutes of leeway to arrive by 9am.

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  Carrabyne v Department for Work and Pensions (No.2) ET/2401990/2016 (1 report relating to this case)

  • Disability discrimination: £110,165 award for absence dismissal

    Date:

    8 February 2018

    In Carrabyne v Department for Work and Pensions, the employment tribunal awarded £110,165 to a disabled claimant who was dismissed while on a final written attendance warning following an absence unrelated to her disabilities.

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  Carrabyne v Department for Work and Pensions ET/2401990/2016 (1 report relating to this case)

  • Discrimination arising from disability: Dismissal of disabled worker on final absence warning

    Date:

    7 July 2017

    The employment tribunal held that the dismissal of a disabled employee on a final written attendance warning following an absence unrelated to her disabilities constituted discrimination arising from disability.

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  Charlesworth v Dransfields Engineering Services Ltd EAT/0197/16 (1 report relating to this case)

  • Discrimination arising from disability: Absence was context for and not effective cause of redundancy

    Date:

    16 June 2017

    The Employment Appeal Tribunal has held that the employee's disability-related absence was not the effective cause of the employer's decision to make the employee redundant. Rather, the absence was part of the context in which the employer identified the opportunity to restructure its business and eliminate the employee's post.

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  City of York Council v Grosset [2018] IRLR 746 CA (1 report relating to this case)

  • Court of Appeal clarifies approach to discrimination arising from disability

    Date:

    24 May 2018

    In City of York Council v Grosset, the Court of Appeal held that the dismissal of a teacher for showing an 18-rated film to his pupils amounted to discrimination arising from his disability, even though the school had not been aware that the teacher's conduct was linked to his disability.

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  City of York Council v Grosset EAT/0015/16 (2 reports relating to this case)

  • Disability discrimination: Dismissing teacher for showing 18-rated film to underage pupils was disability discrimination

    Date:

    13 April 2017

    In City of York Council v Grosset EAT/0015/16, the EAT upheld a tribunal's decision that the dismissal of a teacher who showed an 18-rated film to a class of vulnerable 15- and 16-year-olds amounted to discrimination because of something arising from his disability under s.15 of the Equality Act 2010. The evidence available to the tribunal enabled a permissible conclusion that the misconduct arose in consequence of disability, and that dismissal was not objectively justified.

  • Dismissal for showing 18-rated film to pupils was discrimination arising from disability

    Date:

    9 January 2017

    The Employment Appeal Tribunal (EAT) has held that the dismissal of a teacher for showing an 18-rated film to a class of vulnerable 15- and 16-year-olds amounted to unfavourable treatment arising from his disability and was not justified.

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  Corry v Merseyrail Electric 2002 Ltd ET/2400795/2015 (1 report relating to this case)

  • Discrimination arising from disability: withdrawal of job offer because of epilepsy not discriminatory

    Date:

    26 October 2015

    An employment tribunal has found that an employer did not commit discrimination arising from disability and met its duty to make reasonable adjustments when it withdrew a conditional job offer after health and safety concerns over a job applicant's epilepsy.

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  Flemming v East of England Ambulance Services NHS Trust ET/3400184/2016 (1 report relating to this case)

  • Dismissing mentally ill employee for failing to attend meetings was discrimination, decides tribunal

    Date:

    25 March 2019

    In Flemming v East of England Ambulance Services NHS Trust, an employment tribunal held that an NHS Trust discriminated against a mentally ill employee by dismissing him for gross misconduct following his failure to attend a sickness absence review meeting and occupational health appointments.

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  G4S Cash Solutions (UK) Ltd v Powell [2016] IRLR 820 EAT (2 reports relating to this case)

  • Disability discrimination: Pay protection may be adjustment that it is reasonable for employer to make

    Date:

    1 December 2016

    In G4S Cash Solutions (UK) Ltd v Powell [2016] IRLR 820 EAT, the EAT held that long-term pay protection for an employee who was redeployed because of his disability constituted a "reasonable adjustment" to obviate the disadvantage he suffered because of that disability.

  • Disability discrimination: pay protection may be a reasonable adjustment

    Date:

    1 September 2016

    The Employment Appeal Tribunal (EAT) has held that protecting an employee's pay may be a reasonable adjustment to counter a disabled employee's disadvantage.

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  Government Legal Service v Brookes [2017] IRLR 780 EAT (2 reports relating to this case)

  • Disability discrimination: Requirement for job applicant with Asperger's syndrome to complete multiple choice test was discriminatory

    Date:

    31 December 2017

    In Government Legal Service v Brookes [2017] IRLR 780 EAT, the EAT held that an applicant for a solicitors' training scheme who has Asperger's syndrome suffered unlawful disability discrimination when she was required to sit a test in a multiple choice format in the recruitment process.

  • Recruitment and disability: online multiple-choice psychometric test was indirectly discriminatory

    Date:

    5 May 2017

    The Employment Appeal Tribunal (EAT) has held that a requirement for a job applicant with Asperger's syndrome to complete an online multiple-choice psychometric test was indirectly discriminatory. The EAT also upheld claims for discrimination arising from disability and failure to make reasonable adjustments.