The Employment Appeal Tribunal (EAT) has held that the duty to make reasonable adjustments does not extend to disregarding a final warning about attendance that is relied on when taking the decision to dismiss a disabled employee because of his or her level of absenteeism.
David Malamatenios is partner, Linda Quinn, Colin Makin and Krishna Santra are senior associates, and Dominic Speedie is an associate at Colman Coyle Solicitors. They round up the latest rulings.
The Court of Appeal has upheld the Employment Appeal Tribunal (EAT) ruling that art.5 of the Equal Treatment Framework Directive (2000/78/EC) which covers reasonable accommodation for disabled people in employment, is limited to measures for the assistance of disabled employees, and does not cover adjustments for individuals who have an association with a disabled person.
Amanda Steadman is a professional support lawyer and Ed Gregory, Rosie Kight and Joanne Magill are associate solicitors at Addleshaw Goddard LLP. They round up the latest rulings.
This employment tribunal had the unusual task of deciding whether or not necrophobia, which is the fear of dead bodies or things associated with death, can be a disability under the Equality Act 2010.
Victoria Bell is managing associate and Gerri Hurst, Carly Mather and Andrew Nealey are associates and Eleanor Cittern is a trainee solicitor at Addleshaw Goddard LLP.
The Court of Appeal has held that, while an occupational health report can assist employers in deciding whether or not an employee is disabled, it is up to the employer itself to make the final judgment as to whether or not the employee is covered by disability discrimination legislation. Employers must not simply "rubber stamp" the medical adviser's opinion.
Colin Makin, Krishna Santra, Linda Quinn and Sandra Martins are senior associates and Melissa Powys-Rodrigues is an associate at Colman Coyle Solicitors. They round up the latest rulings.
It is perfectly possible for there to be very little direct evidence of discrimination in a recruitment process, but for an employee to win a tribunal claim because the employer's failure to keep a clear record leads to inconsistencies in its defence, as this disability discrimination case shows.