In Owen v Amec Foster Wheeler Energy Ltd and another, the Court of Appeal held that refusing to allow a disabled employee to undertake an overseas posting due to medical concerns did not amount to direct disability discrimination.
Updated to include information on Taylor v Jaguar Land Rover Ltd, in which a tribual considered the definition of gender reassignment.
The law on discrimination in recruitment and selection, including the impact of the Equality Act 2010 on recruitment, direct discrimination, indirect discrimination, the duty to make reasonable adjustments, positive action, occupational requirements, monitoring and keeping records.
In Chief Constable of Norfolk v Coffey  IRLR 193 EAT, the EAT held that there was direct disability discrimination when a police officer was refused a transfer because she failed a hearing test - even though the extent of her hearing loss did not amount to a disability within the meaning of the Equality Act 2010. The tribunal was entitled to find that she was perceived as being disabled and that was enough to establish her claim.
In Hale v Brighton and Sussex University Hospitals NHS Trust, the Employment Appeal Tribunal (EAT) held that the decision to instigate the disciplinary procedure was not a one-off act, but the start of a state of affairs that would continue until the conclusion of the disciplinary process.
In Chief Constable of Norfolk v Coffey, the Employment Appeal Tribunal (EAT) held that a police force's refusal to grant an officer a transfer because of its perception that her hearing problems could develop into a disability amounted to perceived direct discrimination.
The Employment Appeal Tribunal has held that the employer subjected the claimant to direct race discrimination. The employer withdrew its offer to the claimant of a posting abroad because of a psychological assessment that warned the claimant could suffer stress as a result of racial discrimination.
In Geller and another v Yeshurun Hebrew Congregation EAT/0190/15, the EAT held that, in cases where direct discrimination is not inherent in the act complained of, a tribunal must enquire further into the motivation, conscious or unconscious, of the alleged discriminator.
HR and legal information and guidance relating to direct discrimination.
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