Topics

Disability discrimination

New and updated

  • Date:
    29 October 2007
    Type:
    Employment law cases

    Disability discrimination: Taking promotional exams was a normal day-to-day activity

    In Paterson v Commissioner of Police of the Metropolis [2007] IRLR 763, the EAT held that a policeman who suffered from dyslexia, which disadvantaged him when undergoing assessment for promotion, had an impairment that had a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities. The dyslexia therefore amounted to a disability within the meaning of the Disability Discrimination Act 1995.

  • Type:
    Employment law cases

    Case round-up

    Judith Harris, professional support lawyer at Addleshaw Goddard, outlines the latest legal rulings.

  • Date:
    23 August 2007
    Type:
    Employment law cases

    Romec Ltd v Rudham

    In Romec Ltd v Rudham EAT/0069/07, the Employment Appeal Tribunal (EAT) has held that an employment tribunal erred in its approach to deciding whether or not an employer's failure to extend a disabled employee's phased return to work was a breach of the duty to make reasonable adjustments.

  • Date:
    11 July 2007
    Type:
    Employment law cases

    Disability discrimination: No obligation to continue to pay full sick pay to disabled employee

    In O'Hanlon v Commissioners for Inland Revenue & Customs [2007] IRLR 404 CA, the Court of Appeal held that the Disability Discrimination Act 1995 does not require an employer to continue paying a disabled employee whose entitlement to sick pay has been exhausted by disability-related absence.

  • Date:
    1 July 2007
    Type:
    Employment law cases

    Burden of proof in disability discrimination cases

    The EAT provides guidance on shifting the burden of proof in disability discrimination claims, in Project Management Institute v Latif (10 May 2007).

  • Date:
    8 May 2007
    Type:
    Employment law cases

    Spence v Intype Libra Ltd

    In Spence v Intype Libra Ltd EAT/0617/06, the Employment Appeal Tribunal (EAT) has held that a failure to obtain and consult on a medical report before dismissing an employee does not in itself breach the duty to make reasonable adjustments for disabled employees.

  • Date:
    16 February 2007
    Type:
    Employment law cases

    Fowler v London Borough of Waltham Forest

    In Fowler v London Borough of Waltham Forest EAT/0116/06, the Employment Appeal Tribunal (EAT) has reiterated that the duty to make reasonable adjustments for the disabled does not normally include giving full pay to an individual during sickness absence.

  • Date:
    1 December 2006
    Type:
    Employment law cases

    Unfair dismissal/disability discrimination: Procedural flaws in disciplinary process not cured only by rehearing

    In Taylor v OCS Group Ltd [2006] IRLR 613 CA, the Court of Appeal holds that defects in the conduct of a disciplinary hearing are capable of being "cured" in an internal appeal even if it does not amount to a full rehearing of the issue. In addition, a deaf employee not given the opportunity to have an interpreter at his disciplinary hearing was not treated less favourably for a reason related to his disability.

  • Date:
    22 November 2006
    Type:
    Employment law cases

    NTL Group Ltd v Difolco

    In NTL Group Ltd v Difolco [2006] EWCA Civ 1508 CA, the Court of Appeal has held that the duty to make reasonable adjustments for a disabled person does not include converting a full-time vacancy to a part-time one before he or she has applied for the job.

  • Type:
    FAQs

    When selecting for a position can an employer operate a positive disability discrimination policy?