In Donelien v Liberata UK Ltd, the Court of Appeal held that the employer did not have constructive knowledge of the employee's disability and that it had done all it could "reasonably be expected to have done" to find out about the nature of the employee's health problems.
In Carrabyne v Department for Work and Pensions, the employment tribunal awarded £110,165 to a disabled claimant who was dismissed while on a final written attendance warning following an absence unrelated to her disabilities.
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.