Disability discrimination

New and updated

• Type:

  Employment law cases

  Definition of disability: guidance on exclusion of "tendency to physically abuse"

  In DLA Piper's latest case report, the upper tribunal in a special educational needs case provides guidance on the exclusion from the definition of a disability under the Equality Act 2010 of a "tendency to physical abuse of others".

• Type:

  Employment law cases

  Case round-up

  David Malamatenios is a partner, Colin Makin, Sandra Martins and Krishna Santra are senior associates, and Hinal Raichura is a trainee at Colman Coyle Solicitors. They round up the latest rulings.

• Date:

  9 April 2015

  Type:

  Commentary and insights

  Diabetes as a disability

  Consultant editor Darren Newman considers a recent Employment Appeal Tribunal decision involving the concept of disability for the purposes of the Equality Act 2010, when considered in relation to an individual with type 2 diabetes largely controlled by avoiding sugary drinks.

• Type:

  Employment law cases

  Disability discrimination: type 2 diabetic who avoids sugary food and drinks not disabled

  The Employment Appeal Tribunal (EAT) has controversially held that a claimant who controls his type 2 diabetes by avoiding sugary food and drinks is not disabled under the Equality Act 2010.

• Type:

  Employment law cases

  Duty to make reasonable adjustments not triggered when no indication of return to work

  In DLA Piper's latest case report, the Employment Appeal Tribunal (EAT) held that the duty to make reasonable adjustments was not triggered where the employee had given no indication that she would be fit to return to work.

• Type:

  Employment law cases

  Case round-up

  David Malamatenios is a partner, and Colin Makin and Krishna Santra are senior associates at Colman Coyle Solicitors. They round up the latest rulings.

• Type:

  Employment law cases

  Disability discrimination: Obesity does not of itself constitute a disability but may amount to a disability where certain conditions are satisfied

  In FOA, acting on behalf of Karsten Kaltoft v Billund Kommune [2015] IRLR 146 ECJ, the ECJ held that where "in interaction with various barriers" an obese worker's "full and effective participation in professional life on an equal basis" is hindered by a limitation that results "in particular from long-term physical, mental or psychological impairments" the worker's obesity will amount to a disability.

• Type:

  Employment law cases

  Discrimination arising from disability: non-payment of bonus was not justified

  The Employment Appeal Tribunal (EAT) has held that non-payment of a discretionary bonus was unfavourable treatment for a reason arising from disability and was not justified.

• Type:

  Employment law cases

  Disability discrimination: tribunal applies ECJ decision to define claimant's obesity as a disability

  A Northern Ireland tribunal has applied the European Court of Justice (ECJ) decision in FOA, acting on behalf of Karsten Kaltoft v Billund Kommune that obesity can by itself amount to a disability.

• Type:

  Employment law cases

  Case round-up

  Carly Mather is a managing associate, Gerri Hurst and Lucy Sorrell are associates, Mona Jackson is a trainee solicitor and Richard Branson is a paralegal at Addleshaw Goddard LLP. They round up the latest rulings.