Disability discrimination

New and updated

• 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.

• Type:

  FAQs

  Where an employer redeploys a disabled employee to a lower-grade post under its obligations to make reasonable adjustments, is it obliged to maintain the employee's salary level?

• Date:

  27 May 2005

  Type:

  Employment law cases

  Disability discrimination: Employer knew of disability at recruitment and failed to adjust

  In Williams v J Walter Thompson Group Ltd, the Court of Appeal holds that an employment tribunal was correct to decide that a blind employee suffered unlawful disability discrimination and constructive unfair dismissal when her employer failed to provide her with the specialist equipment and training necessary for her to carry out the IT work for which she was appointed.

• Date:

  1 April 2005

  Type:

  Employment law cases

  Burden of proof guidelines revised

  In a hearing of three conjoined appeals (Igen Ltd (formerly Leeds Careers Guidance) and others v Wong; Chamberlin Solicitors and another v Emokpae; Brunel University v Webster, 18 February 2005), the Court of Appeal considers the guidelines established in Barton v Investec Henderson Crosthwaite Securities Ltd (EOR 118) and sets out revised guidance on the burden of proof provisions in the discrimination legislation.

• Type:

  Employment law cases

  Case round-up: Religious discrimination

  This week's case round-up from Eversheds, covering Sunday working amounting to religious discrimination.