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Disability discrimination: Employment discrimination

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Archibald v Fife Council [2004] IRLR 651 HL (1 other report)
- Disability discrimination: Extent of s.6 duty to make reasonable adjustments
  
  Date:
  
  6 August 2004
  
  In Archibald v Fife Council, the House of Lords holds that an employment tribunal misconstrued the scope of the employer's duty to take reasonable steps to prevent any of its arrangements from placing a disabled employee at a substantial disadvantage in comparison with people who are not disabled.
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British Gas Services Ltd v McCaull [2001] IRLR 60 EAT (0 other reports)
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Callagan v Glasgow City Council [2001] IRLR 724 EAT (0 other reports)
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Clark v TDG Ltd t/a Novacold [1999] IRLR 318 CA (0 other reports)
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Cosgrove v Caesar & Howie [2001] IRLR 653 EAT (0 other reports)
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HJ Heinz Co Ltd v Kenrick [2000] IRLR 144 EAT (0 other reports)
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Jones v Post Office [2001] IRLR 384 CA (0 other reports)
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Kenny v Hampshire Constabulary [1999] IRLR 76 EAT (0 other reports)
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London Borough of Hammersmith & Fulham v Farnsworth [2000] IRLR 691 EAT (0 other reports)
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London Clubs Management Ltd v Hood [2001] IRLR 719 EAT (0 other reports)
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Mid Staffordshire General Hospitals NHS Trust v Cambridge [2003] IRLR 566 EAT (1 other report)
- Mid Staffordshire General Hospitals NHS Trust v Cambridge
  
  Date:
  
  1 September 2003
  
  In Mid Staffordshire General Hospitals NHS Trust v Cambridge [2003] IRLR 566 EAT, the EAT held that an employer's failure to carry out an assessment to enable a decision to be reached as to what steps would be reasonable to prevent a disabled employee or prospective employee from being at a disadvantage amounts to a breach of the duty of reasonable adjustment under section 6 of the Disability Discrimination Act 1995.
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Morse v Wiltshire County Council [1998] IRLR 352 EAT (1 other report)
- Disability disagreement: Sequence of steps for dealing with allegation of "reasonable adjustment" discrimination
  
  Date:
  
  1 June 1998
  
  In Morse v Wiltshire County Council, the EAT holds that an industrial tribunal must go through a number of sequential steps when dealing with an employer's alleged failure to comply with a duty to make reasonable adjustments in relation to the disabled person concerned.
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Murray v Newham Citizens Advice Bureau Ltd [2003] IRLR 340 EAT (1 other report)
- Disability discrimination: Tendency to physical violence resulting from impairment is not an excluded condition
  
  Date:
  
  19 September 2003
  
  In Murray v Newham Citizens Advice Bureau Ltd, the EAT holds that anemployment tribunal which found that a complainant who suffered from paranoid schizophrenia, was disabled for the purposes of the DDA, had a tendency to violence as a direct result of that condition, and who had been treated less favourably on the grounds of that propensity to violence, had erred in further holding that he had not been discriminated against on the grounds of his disability.
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Nottinghamshire County Council v Meikle [2004] IRLR 703 CA (1 other report)
- Nottinghamshire County Council v Meikle
  
  Date:
  
  1 September 2004
  
  In Nottinghamshire County Council v Meikle [2004] IRLR 703 CA, the Court of Appeal held that putting an employee who was off sick for a disability-related reason on to half pay after a period of full pay was unjustified less favourable treatment where the employer had failed to make reasonable adjustments, which, had they been made, would have resulted in the employee's returning to work before she became liable to have her sick pay reduced.
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Paul v National Probation Service [2004] IRLR 190 EAT (0 other reports)
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Ridout v TC Group [1998] IRLR 628 EAT (1 other report)
- Disability discrimination: No discrimination against epileptic job applicant
  
  Date:
  
  1 November 1998
  
  An employer could not reasonably have been expected to know, without being told by a job applicant suffering from photosensitive epilepsy, that the fluorescent lighting in the room in which she was interviewed might disadvantage her, holds the EAT in Ridout v T C Group.
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Surrey Police v Marshall [2002] IRLR 843 EAT (0 other reports)
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Williams v J Walter Thompson Group Ltd [2005] IRLR 376 CA (1 other report)
- Disability discrimination: Employer knew of disability at recruitment and failed to adjust
  
  Date:
  
  27 May 2005
  
  In Williams v J Walter Thompson Group Ltd, the Court of Appeal holds that an employment tribunal was correct to decide that a blind employee suffered unlawful disability discrimination and constructive unfair dismissal when her employer failed to provide her with the specialist equipment and training necessary for her to carry out the IT work for which she was appointed.

This section of the Discrimination Case Law Guide looks at discrimination on the grounds of disability in the field of employment.

Meaning of "discrimination"
     Reason related to disability
     Others to whom reason does not apply
Justification
Duty to make reasonable adjustment
     Provision, criterion or practice
     When duty applies
     Failure to make reasonable adjustment

Meaning of "discrimination"

"(1) For the purposes of this Part, a person discriminates against a disabled person if -

(a) for a reason which relates to the disabled person's disability, he treats him less favourably than he treats or would treat others to whom that reason does not or would not apply, and

(b) he cannot show that the treatment in question is justified.

Employment law cases

Disability discrimination: Employment discrimination

Disability discrimination: Extent of s.6 duty to make reasonable adjustments

Mid Staffordshire General Hospitals NHS Trust v Cambridge

Disability disagreement: Sequence of steps for dealing with allegation of "reasonable adjustment" discrimination

Disability discrimination: Tendency to physical violence resulting from impairment is not an excluded condition

Nottinghamshire County Council v Meikle

Disability discrimination: No discrimination against epileptic job applicant

Disability discrimination: Employer knew of disability at recruitment and failed to adjust

About this resource

Disability discrimination: Employment discrimination