Summary: Can disability discrimination arise out of a mistaken belief? No, says the EAT in iForce Ltd v Wood available here. Background:  Discrimination arising from disability occurs when A treats B unfavourably because of something arising in consequence of B’s disability, and A cannot show that the treatment is a proportionate means of achieving a…
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Summary: Was an employee directly discriminated against because of her religion or belief when she was dismissed on discovery that she was cohabiting with her boyfriend? No, says the EAT in Gan Menachem Hendon Ltd -v- de Groen available here. Facts:  Ms de Groen was a teacher at the Gan Menachem Hendon Ltd nursery, which…
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What do we already know? Confidentiality clauses or non-disclosure agreements (‘NDA’s) serve a useful purpose in the workplace. They can be used primarily in two ways: as part of employment contracts, to protect trade secrets for example, and as part of settlement agreements, for example to allow both sides of an employment dispute to move…
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ACAS has published guidance (available here) on age discrimination. The guidance includes how age discrimination can happen in the workplace, how to prevent it, and how different treatment because of age can be allowed in very limited circumstances. The guidance explains situations where employers are at risk of ageism and how to avoid discriminating against…
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In 2016 the Women and Equalities Select Committee held an inquiry into pregnancy and maternity discrimination (see our Blog Is employment law currently failing pregnant women?). The Committee found that discrimination against pregnant women and new mothers had become more common over the previous ten years and recommended steps that the Government should take to…
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What do we already know? We updated you in our August 2017 Newsletter Case update (1) Disability discrimination – unfavourable advantageous treatment on the Court of Appeal’s decision in Williams v The Trustees of Swansea University Pension & Assurance Scheme and another. In this case the employee argued that because his enhanced pension was based…
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The Government (DWP) has published practical guidance for line managers (available here) concerning the recruitment, management and development of people with a disability or health condition. The guidance covers the role of the line manager in workplace adjustments, language, behaviour and sickness absence. In collaboration with the Chartered Institute of Personnel and Development (CIPD), the…
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Summary:  Is there an implied term that an employer will not dismiss an employee for incapability if that would frustrate entitlement to long-term disability benefits? Yes, on the facts, held the EAT in Awan v ICTS available here. Facts:  Mr Awan, the employee, commenced employment with American Airlines, the employer, as a security agent at…
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Summary:  Is referring to a colleague as a “fat ginger pikey” harassment? No, not if the victim participated in similar banter, said the EAT in Evans v Xactly Corporation Limited, available here. Facts:   Mr Evans was a salesman of Xactly between January and December of 2016. Mr Evans suffers from type 1 diabetes and also…
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Following on from my recent blog, I thought I would look at another aspect of disability discrimination law that makes it unique within the word of discrimination/equality law: the issue of whether the employer (or potential employer in a recruitment scenario) had knowledge of the person’s disability. It’s what you know Disability discrimination differs from…
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