In J v DLA Piper UK LLP [2010] IRLR 936 EAT, the EAT held that, in considering whether or not the employee was disabled, the tribunal was wrong to exclude the evidence of a GP as being "not expert". In remitting the case to the tribunal, it emphasised that there is a difference between "despondency, demotivation and anxiety" caused by problems at work and "clinical depression".
This case deals with a common issue in redundancy situations: the discounting of disability-related absences when scoring against a "sickness absence" criterion.
In City of Edinburgh Council v Dickson EATS/0038/09, the EAT upheld the employment tribunal's decision that an employee whose employer failed properly to consider his explanation that he had behaved out of character during a hypoglycaemic episode was unfairly dismissed. However, the tribunal's conclusion that the employer's rejection of that explanation amounted to direct and disability-related discrimination was wrong in law and was overturned.
In Da'Bell v NSPCC [2010] IRLR 19 EAT, the EAT has confirmed the increase of the Vento bands for compensation for injury to feelings in discrimination cases in line with inflation.
The Court of Appeal has criticised an employment tribunal’s suggestion that tribunals should adopt a “liberal” approach when considering whether or not to extend the time limit for lodging a claim.
The Employment Appeal Tribunal has held that an employer complied with its duty to make reasonable adjustments for disabled employees when it moved an employee to another location where the adjustments could be more easily made.
The Employment Appeal Tribunal has held that a special constable's inability to meet the physical requirements to become a regular constable is not an adverse effect on her ability to carry out normal day-to-day activities when deciding whether or not she is disabled.