Disability discrimination

New and updated

• Date:

  5 May 2017

  Type:

  Employment law cases

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

  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.

• Date:

  1 April 2017

  Type:

  Employment law cases

  Case round-up

  Chris Cook is a partner and Keely Rushmore is a senior associate at SA Law. They round up the latest rulings.

• Date:

  9 March 2017

  Type:

  Employment law cases

  Assertion of disability by employee not sufficient for a discrimination claim

  The Employment Appeal Tribunal has held that an employee could not claim for harassment on the ground of disability where he had not proved, but merely asserted, that he has a disability.

• Date:

  9 January 2017

  Type:

  Employment law cases

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

  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.

• Date:

  7 December 2016

  Type:

  Employment law cases

  ECJ case law round-up: recent discrimination decisions

  We round up three recent European Court of Justice (ECJ) judgments about discrimination. The ECJ has recently considered: temporary incapacity caused by a workplace accident in Barcelona; the recruitment age limit for Basque police officers; and survivors' pensions for same-sex partners in Ireland.

• Date:

  21 November 2016

  Type:

  Employment law cases

  Discrimination arising from disability: dismissal not justified because of lack of investigation of alternatives

  This employment tribunal held that a bus company's decision to dismiss a disabled employee amounted to discrimination arising from disability. The justification defence failed because the tribunal found that there were a number of other options available that would have amounted to a less discriminatory means of achieving a safe place of work.

• Date:

  1 November 2016

  Type:

  Employment law cases

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

  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.

• Date:

  1 October 2016

  Type:

  Employment law cases

  Case round-up

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

• Date:

  1 September 2016

  Type:

  Employment law cases

  Disability discrimination: pay protection may be a reasonable adjustment

  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.

• Date:

  1 September 2016

  Type:

  Employment law cases

  Case round-up

  Chris Cook is partner and head of employment and Keely Rushmore is senior associate at SA Law. They round up the latest rulings.