Welcome to our case of the week update, this week's case asks the question; Is dismissing an employee for failing to attend court hearings fair? For anyone that missed last week's update, wherein an RAF Legal Officer brought a claim for victimisation, you can find that here. Now, onto our case this week! The Claimant [...]
Welcome all to our mid-September case of the week. In our last update we looked at a claim for failing to make reasonable adjustments for a prospective employee. Those that missed it can find it here. This week we look at whether an employee can agree to leave the business and bring a claim for [...]
Hello again everyone and welcome back to our case of the week. We hope you all had a lovely Easter break and are suitably comatose from overconsumption of chocolate eggs! Last week's case had a dive into one of the few constructive dismissal claims that succeeded (only around 1 in 5 of them do) and [...]
Good morning Jaquiline and welcome back to our weekly case law update. Earlier this week we sent out our January update which had features on menopause, discrimination, parental leave during strikes and our seminar. This week we are looking at redundancy and disability discrimination. The question this week is: Does requiring a disabled employee to attend [...]
This month the government rejected a recommendation by the Women and Equalities Committee to include menopause as a protected characteristic under the Equality Act 2010. The reasons for this were that a women experiencing menopause could bring a claim under the protected characteristics of either age, sex or disability depending on the nature of how [...]
This week’s case looks at the principles underpinning disability discrimination law, in particular the duty to find alternative employment. In XXXXX v HR Rail SA, the Claimant was employed as an apprentice maintenance technician on the Belgium railways. Shortly after starting, the employee was diagnosed with a heart condition which meant that he had to have [...]
This week's case of the week asks the question: Can an employee who settles his tribunal claim by COT3 then bring another claim in the county court? Yes, says the high court. The Facts The Claimant was a customer adviser working in an office. Following accusations of disability discrimination and failure to make reasonable adjustments, [...]
Tribunal Finds General Medical Council Liable for Race Discrimination The Reading employment tribunal has found the General Medical Council liable for direct race discrimination. Dr. O Karim is an NHS doctor of African/ European ethnicity. Complaints were made against him in 2013/2014, culminating in a Fitness to Practice Tribunal (FTP) in 2018 (a tribunal that [...]
Section 15 of the Equality Act 2010 outlaws unfavourable treatment because of ‘something’ that arises in consequence of an individual’s disability. This is funny wording that isn’t immediately clear. Its purpose is to protect individuals who have not obviously been discriminated against because of a disability but have suffered unfavourable treatment because of something [...]
Hello and welcome to this week’s case of the week. Today, we are looking at reasonable adjustments. Specifically, whether the failure to permit a job applicant with dyspraxia to submit his application orally, as opposed to by way of an online form, is a failure to make reasonable adjustments. Facts The factual matrix is simple. [...]
Hello and welcome to this week’s case of the week. Today we’re looking at the definition of disability, and particularly the correct approach to determining whether someone’s impairment has a substantial and adverse effect on their ability to carry out day to day activities. Facts The Claimant was employed by Dorset Council as a Geographical [...]
University Lecturer Called ‘mad as a box of frogs’ Claims Constructive Dismissal Introduction Hello all and welcome back to our weekly case law update. This week’s case looks at an employment law and HR lecturer who was awarded £168,000 for a constructive unfair dismissal and disability claim. Facts Mrs. E Aylott was employed by BPP [...]
This week’s case looks at when a business decision might amount to a “provision, criterion or practice” for the purposes of a disability discrimination (reasonable adjustments) claim under the Equality Act 2010, and sheds some light into how employers might be caught out by the tricky rules in this area. Background Mrs. Hill was an [...]
Who exactly does the law consider ‘disabled’, is this soon to be changing, and what may this mean for employees and employers? R (Davey) v Oxfordshire County Council and beyond… The Equality Act 2010 defines who is ‘disabled’ for the purposes of UK disability discrimination law. It provides that a person is disabled if they [...]
