Disability discrimination

New and updated

• Date:

  3 September 2019

  Type:

  Podcasts and webinars

  Podcast: Dismissal for poor attendance

  We discuss common issues associated with dismissal for long-term poor attendance recently highlighted in the EAT decision of Kelly v Royal Mail Group.

• Date:

  21 August 2019

  Type:

  Commentary and insights

  "Something arising" from disability - the stretchiest words of the Equality Act 2010

  The protection against discrimination arising from disability under s.15 of the Equality Act 2010 is framed to give HR sleepless nights. Jason Braier explains why as he looks at how the courts and tribunals are construing "something arising".

• Type:

  Employment law cases

  Direct discrimination: Court of Appeal rules on perceived disability

  In Chief Constable of Norfolk v Coffey, the Court of Appeal upheld the tribunal decision that a police constabulary had directly discriminated against an officer because of its perception that her medical condition could develop into a disability in the future.

• Type:

  Employment law cases

  Disability discrimination: Dismissal for poor attendance was harsh but fair

  In Kelly v Royal Mail Group Ltd, the Employment Appeal Tribunal held that a long-serving employee's dismissal for frequent absences in accordance with the employer's attendance policy was harsh but fair.

• Type:

  Employment law cases

  Withdrawing offer of overseas posting was not direct disability discrimination

  In Owen v Amec Foster Wheeler Energy Ltd and another, the Court of Appeal held that refusing to allow a disabled employee to undertake an overseas posting due to medical concerns did not amount to direct disability discrimination.

• Date:

  12 April 2019

  Type:

  Commentary and insights

  Menstruation: Is period pain a disability?

  Many men and women still view menstruation as a taboo topic and feel uncomfortable talking about periods, even though they affect 51% of the UK population at some point in their life. Natalie Taylor looks at whether period pain can constitute a disability and at ways employers can support women with more severe symptoms.

• Type:

  Employment law cases

  Disability discrimination: EAT considers if car parking space is a reasonable adjustment

  In Linsley v Revenue and Customs Commissioners, the Employment Appeal Tribunal held that the employer's discretionary car parking policy was a relevant factor to be taken into account in determining the issue of reasonable adjustments, as was the particular disadvantage suffered by the employee, namely the stress of searching for a parking place.

• Type:

  Employment law cases

  Dismissing mentally ill employee for failing to attend meetings was discrimination, decides tribunal

  In Flemming v East of England Ambulance Services NHS Trust, an employment tribunal held that an NHS Trust discriminated against a mentally ill employee by dismissing him for gross misconduct following his failure to attend a sickness absence review meeting and occupational health appointments.

• Date:

  25 February 2019

  Type:

  Commentary and insights

  What do workforce equality standards mean for NHS employers?

  Equality is high on the agenda of most NHS employers. As well as being subject to the gender pay gap reporting regime, NHS employers are required to comply with an equality standard in relation to race, and from April 2019 will be required to comply with a standard on disability. Nicky Green from law firm Capsticks explores what the standards mean for NHS employers.

• Type:

  Employment law cases

  Dismissal for urinating in loading yard was unfair and something arising from disability

  In Asda Stores Ltd v Raymond, the Employment Appeal Tribunal (EAT) upheld the tribunal decision that the employer's failure to conduct a reasonable investigation and to take reasonable care during the disciplinary process made the employee's dismissal unfair. The EAT also upheld the tribunal's ruling that his dismissal arose from his disability.