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 [...]
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 [...]
Hello and welcome back to your weekly case law update. Last week was our monthly employment law update which had features on equal pay settlements at the BBC, parental bereavement leave and some of the cases to look out for in 2020. This week’s case is a first instance tribunal case. Whilst not binding precedent [...]
Non-disclosure agreements are at the forefront of this month’s employment news. It comes following an academic from the University of Liverpool breaking a controversial non-disclosure agreement to speak out against bullying on campus. Anahid Kassabian, 59, a former music professor at the University of Liverpool, claimed that she was “bullied out” of her 10-year position. […]
Good morning and welcome back to your weekly case law update. Last week, we had two cases for you, one on victimisation and another on limitation dates. This week, as autumnal early-onset-SAD kicks in, we only have one case for you; about disability discrimination and ill-health early retirement. Discrimination, regardless of which protected characteristic is […]
Hello and welcome back for another case law update. Last week we looked at disability discrimination and references. This week we going into unfamiliar territory: legal privilege. X v Y Ltd Our first case involves legal privilege. In legal proceedings both parties should have a “cards on the table” approach to disclosing documents. No document […]
Good morning, another Friday has rolled round which means it’s time for another dose of case law! Last week we had three cases; one on religion/belief discrimination, another on the gig economy and a procedural case on appeal deadlines. This week has been what you might call a slow news week and we have just the one case […]
Our next case is the gig economy/employment status case of Pimlico Plumbers. This case has been through the ET, EAT and Court of Appeal, our take on the CoA judgment late last year included a table that set out what factors are indicative of a person’s employment status. Anyone who is unfamiliar with employment status […]
