Disability discrimination

New and updated

• Type:

  Employment law cases

  Negative verbal reference and job offer withdrawal were discrimination arising from 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committed discrimination arising from disability when a negative verbal reference resulted in a job offer being withdrawn.

• Type:

  Employment law cases

  Disability discrimination: discounting triggers in an attendance policy was not a reasonable adjustment

  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.

• Type:

  Employment law cases

  Case round-up

  Krishna Santra and Sandra Martins are senior associates at Colman Coyle Solicitors. They round up the latest rulings.

• Type:

  Employment law cases

  Discrimination arising from disability: £30,000 for employee dismissed for disability-related absences

  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.

• Type:

  Employment law cases

  Case round-up

  Jessica Alice-Curtis is a trainee solicitor, Lucy Melville is a paralegal and Nigel Cousin, David Rintoul and Rachael Wake are associates at Addleshaw Goddard LLP. They round up the latest rulings.

• Type:

  Employment law cases

  Competitive redeployment exercise: NHS trust should have used alternative assessment method for employee with cancer

  An employment tribunal has held that an NHS trust committed discrimination arising from disability and failed to make reasonable adjustments for an employee having cancer treatment who was required to undergo a competitive interview process during a redeployment exercise.

• Type:

  Employment law cases

  Discrimination arising from disability: withdrawal of job offer because of epilepsy not discriminatory

  An employment tribunal has found that an employer did not commit discrimination arising from disability and met its duty to make reasonable adjustments when it withdrew a conditional job offer after health and safety concerns over a job applicant's epilepsy.

• Type:

  Employment law cases

  Fair dismissal of Ministry of Defence worker who appeared as a medium while on sick leave

  An employment tribunal has rejected the unfair dismissal claim of an employee who was caught making a public appearance as a medium while on sick leave.

• Type:

  Employment law cases

  Disability discrimination: Employer was not required to disregard final written warning for absence

  In General Dynamics Information Technology Ltd v Carranza [2015] IRLR 43 EAT, the EAT held that, when dismissing a disabled employee for absence, the employer was not required either to disregard a final written warning for the purpose of complying with its duty to make reasonable adjustments, or to review the warning before placing reliance on it to effect dismissal.

• Type:

  Employment law cases

  Associative disability discrimination: carer with one year's service dismissed without performance improvement plan

  The sudden dismissal of an employee with caring responsibilities who is performing satisfactorily will raise suspicions of associative disability discrimination, as the employer in this employment tribunal case found out.