The Employment Appeal Tribunal (EAT) has held that an "expectation" that an employee work late can be a "provision, criterion or practice" (PCP) triggering the duty to make reasonable adjustments for a disabled person.
The employment tribunal has upheld a claim for discrimination arising from disability against an employer that withdrew a job offer when it discovered the extent of the claimant's previous long-term ill-health absences.
This tribunal decision concerned a director who made dismissive comments about an employee's medical condition instead of considering whether or not she had a disability. The tribunal found the employer had constructive knowledge of the claimant's disability and the comments were discrimination arising from her disability.
Lifting up to 25kg is a "normal day-to-day activity" when deciding whether or not someone is disabled under the Equality Act 2010. Imogen Noons explains a recent Employment Appeal Tribunal (EAT) decision on the definition of disability.
The Employment Appeal Tribunal (EAT) has held that both the claimant's former and prospective employers committed discrimination arising from disability when a negative verbal reference resulted in a job offer being withdrawn.
The Court of Appeal has held that the duty to make reasonable adjustments will normally be engaged in a case where a disabled employee has disability-related absences that trigger the application of an attendance policy. However, the Court dismissed the appeal on the ground that on the particular facts of the case, the adjustments sought were not reasonable.
A public-sector worker with 34 years' service who was dismissed after exceeding her trigger point under the employer's absence management procedure by a few days has been awarded over £30,000 for discrimination arising from disability and unfair dismissal.