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Disability discrimination
In Spence v Intype Libra Ltd EAT/0617/06, the Employment Appeal Tribunal (EAT) has held that a failure to obtain and consult on a medical report before dismissing an employee does not in itself breach the duty to make reasonable adjustments for disabled employees.
In Fowler v London Borough of Waltham Forest EAT/0116/06, the Employment Appeal Tribunal (EAT) has reiterated that the duty to make reasonable adjustments for the disabled does not normally include giving full pay to an individual during sickness absence.
In Taylor v OCS Group Ltd [2006] IRLR 613 CA, the Court of Appeal holds that defects in the conduct of a disciplinary hearing are capable of being "cured" in an internal appeal even if it does not amount to a full rehearing of the issue. In addition, a deaf employee not given the opportunity to have an interpreter at his disciplinary hearing was not treated less favourably for a reason related to his disability.
In NTL Group Ltd v Difolco [2006] EWCA Civ 1508 CA, the Court of Appeal has held that the duty to make reasonable adjustments for a disabled person does not include converting a full-time vacancy to a part-time one before he or she has applied for the job.
In Navas v Eurest Colectividades SA Case C-13/05, first case to come before it on the issue, the ECJ finds that "disability" within the Framework Directive is not to be equated with "sickness" and that discrimination solely on the grounds of sickness does not fall within the scope of the Directive.
In O'Hanlon v The Commissioners for HM Revenue & Customs EAT/0109/06, the Employment Appeal Tribunal holds that the Disability Discrimination Act 1995 does not require an employer to pay disabled employees on sick leave more than it pays non-disabled employees who are off sick.
In Edmund Nuttall Ltd v Butterfield, the EAT holds that the tribunal erred in finding that the employee, who committed criminal offences of indecent exposure, had been discriminated against on grounds of disability.
Zoe Balmforth and Joe Glavina of Addleshaw Goddard outline the latest legal rulings and explain what you need to know to avoid tribunals.
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.
In a hearing of three conjoined appeals (Igen Ltd (formerly Leeds Careers Guidance) and others v Wong; Chamberlin Solicitors and another v Emokpae; Brunel University v Webster, 18 February 2005), the Court of Appeal considers the guidelines established in Barton v Investec Henderson Crosthwaite Securities Ltd (EOR 118) and sets out revised guidance on the burden of proof provisions in the discrimination legislation.
Employment law cases: HR and legal information and guidance relating to disability discrimination.