Disability discrimination

New and updated

• 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?

• Date:

  22 September 2006

  Type:

  Employment law cases

  Disability discrimination: European community law and the definition of 'disability'

  In Navas v Eurest Colectividades SA Case C-13/05, first case to come before it on the issue, the ECJ finds that "disability" within the Framework Directive is not to be equated with "sickness" and that discrimination solely on the grounds of sickness does not fall within the scope of the Directive.

• Date:

  22 September 2006

  Type:

  Employment law cases

  Disability discrimination: No duty to pay full pay to disabled employee during sickness absence

  In O'Hanlon v The Commissioners for HM Revenue & Customs EAT/0109/06, the Employment Appeal Tribunal holds that the Disability Discrimination Act 1995 does not require an employer to pay disabled employees on sick leave more than it pays non-disabled employees who are off sick.

• Date:

  2 December 2005

  Type:

  Employment law cases

  Disability discrimination: Excluded condition and legitimate impairment may both be present

  In Edmund Nuttall Ltd v Butterfield, the EAT holds that the tribunal erred in finding that the employee, who committed criminal offences of indecent exposure, had been discriminated against on grounds of disability.

• Type:

  Employment law cases

  Case round-up

  Zoe Balmforth and Joe Glavina of Addleshaw Goddard outline the latest legal rulings and explain what you need to know to avoid tribunals.