In Mitchell v Marks and Spencer plc, the employment tribunal awarded £1,000 to a disabled shop worker following a delay in providing him with a lift key to allow him to reach the toilets more easily.
In Government Legal Service v Brookes [2017] IRLR 780 EAT, the EAT held that an applicant for a solicitors' training scheme who has Asperger's syndrome suffered unlawful disability discrimination when she was required to sit a test in a multiple choice format in the recruitment process.
The employment tribunal held that the claimant's former employer committed discrimination arising from disability after providing details of his sickness absence levels to a prospective employer and stating that it would not re-employ him.
The employment tribunal held that the dismissal of a disabled employee on a final written attendance warning following an absence unrelated to her disabilities constituted discrimination arising from disability.
The Employment Appeal Tribunal has held that the employee's disability-related absence was not the effective cause of the employer's decision to make the employee redundant. Rather, the absence was part of the context in which the employer identified the opportunity to restructure its business and eliminate the employee's post.
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.
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.
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.