In Da'Bell v NSPCC [2010] IRLR 19 EAT, the EAT has confirmed the increase of the Vento bands for compensation for injury to feelings in discrimination cases in line with inflation.
The Court of Appeal has criticised an employment tribunal’s suggestion that tribunals should adopt a “liberal” approach when considering whether or not to extend the time limit for lodging a claim.
The Employment Appeal Tribunal has held that an employer complied with its duty to make reasonable adjustments for disabled employees when it moved an employee to another location where the adjustments could be more easily made.
The Employment Appeal Tribunal has held that a special constable's inability to meet the physical requirements to become a regular constable is not an adverse effect on her ability to carry out normal day-to-day activities when deciding whether or not she is disabled.
The Employment Appeal Tribunal has held that, in a claim of disability-related discrimination, and where the employer had failed to make a reasonable adjustment, the employment tribunal's failure to carry out a comparative exercise according to London Borough of Lewisham v Malcolm did not invalidate its decision that there had been less favourable treatment for a reason related to the employee's disability.
In Coleman v Attridge Law and another [2008] IRLR 722, the ECJ held that the protection afforded against direct discrimination and harassment on grounds of disability under the Equal Treatment Framework Directive is not limited to those who are themselves disabled.
In London Borough of Lewisham v Malcolm [2008] IRLR 700, the House of Lords held that the comparator for the purposes of disability-related discrimination should be construed narrowly, contrary to the Court of Appeal ruling in Clark v TDG t/a Novacold. It also held that disability discrimination cannot be established unless the alleged discriminator knew that the complainant was disabled.