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- Date:
- 1 September 2003
- Type:
- Employment law cases
In Mid Staffordshire General Hospitals NHS Trust v Cambridge [2003] IRLR 566 EAT, the EAT held that an employer's failure to carry out an assessment to enable a decision to be reached as to what steps would be reasonable to prevent a disabled employee or prospective employee from being at a disadvantage amounts to a breach of the duty of reasonable adjustment under section 6 of the Disability Discrimination Act 1995.
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- Date:
- 15 August 2003
- Type:
- Employment law cases
In Relaxion Group plc v Rhys-Harper and related cases the House of Lords interprets anti-discrimination legislation to mean that employees should be protected against certain acts of post-termination discrimination by their employer.
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- Date:
- 18 July 2003
- Type:
- Employment law cases
In Kirton v Tetrosyl Ltd, the Court of Appeal holds that an individual suffering from urinary incontinence - not of itself a substantive "impairment" within the meaning of the Disability Discrimination Act 1995 - is nonetheless disabled under that Act where the incontinence was caused by surgery conducted as a standard treatment for the progressive condition of asymptomatic cancer.
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- Type:
- Employment law cases
Our resident experts at Pinsents bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.
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- Date:
- 23 May 2003
- Type:
- Employment law cases
In Power v Panasonic UK Ltd the EAT holds that In deciding whether a complainant has a disability within the meaning of the Disability Discrimination Act 1995, an employment tribunal should consider whether the disability alleged is one that falls within the meaning of the Act, or whether it is in fact an impairment which is excluded by reason of Regulations issued under the Act from being treated as such a disability.
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- Date:
- 15 February 2003
- Type:
- Employment law cases
The fact that an employee was facing disciplinary proceedings which could have, and in fact did, result in her dismissal did not justify an employer's failure to make a reasonable adjustment under the Disability Discrimination Act 1995, holds the EAT in HM Prison Service v Beart.
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- Date:
- 10 January 2003
- Type:
- Employment law cases
An employee on long-term sick leave who failed to maintain communication with his employer regarding his continued absence, and who had not provided continuous medical certificates, was lawfully dismissed so as to terminate any entitlement to benefits under the employer's permanent health insurance scheme, the Court of Appeal holds in Briscoe v Lubrizol Ltd.
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- Date:
- 9 December 2002
- Type:
- Employment law cases
In Wilding v British Telecommunications plc, the Court of Appeal upholds a decision by an employment tribunal that, by refusing an offer of part-time re-employment, an employee who had been unfairly dismissed and discriminated against on the ground of his disability had thereby failed to mitigate his loss.
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- Type:
- Employment law cases
This month's case round up in brief.
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- Date:
- 25 March 2002
- Type:
- Employment law cases
In Morgan v Staffordshire University the EAT holds that an employment tribunal was entitled to find that an employee did not have a mental impairment within the meaning of the Disability Discrimination Act 1995.