Summary:  Can an employer have constructive knowledge of disability if, although it did not make sufficient enquiries into the employee’s health, the employee would not have answered such enquiries (truthfully) anyway? No, says the EAT in A Limited -v- Z, available here. Facts:   Z, the employee, (anonymous because of the sensitive nature of her disability),…
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Summary:  At what point should an assessment be made of whether an employee’s disability is long-term? The EAT says at the time of the alleged discriminatory act.  The question is whether the impairment is ‘likely’ to last for twelve months (or ‘likely’ to recur). (Parnaby v Leicester City Council, available here). Background:  An employee will…
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What do we already know? In our February 2019 Newsletter Government reforms (1): Family friendly – protection against redundancy we updated you that the Government had published a Consultation, Pregnancy and Maternity Discrimination: Consultation on extending redundancy protection for women and new parents.  The Consultation asked for views on what changes could be made to the current…
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What do we already know? We updated you in our March 2019 Newsletter Government reforms (2): Consultation on confidentiality clauses that the Government had published a Consultation asking for views on new measures to prevent the misuse of ‘NDAs’ – what we employment lawyers call confidentiality clauses – in situations of workplace harassment or discrimination. …
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What do we already know? We updated you in our February 2018 Newsletter Case update (1): Disability discrimination – careful what you perceive on EAT’s decision in Chief Constable of Norfolk v Coffey.  The EAT held that an employer can directly discriminate against an employee even if they do not actually have a disability.  It…
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1. Tackling Gender Inequality The Government Equalities Office (GEO) has published Gender equality at every stage: a roadmap for change (available here), which sets out the Government’s proposals to tackle key drivers of gender inequality. The key proposals to tackle gender inequality include: 1.1 Strengthening equality legislation A consultation on the effectiveness of workplace sexual…
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ACAS has published guidance (available here) to help employers learn about neurodiversity and to suggest changes that can be made in the workplace to better support ‘neurodivergent’ staff. ‘Neurodiversity’ refers to the way an individual’s brain works and interprets information.  ‘Neuro-normal’ or ‘neuro-typical’ was originally coined in the autistic spectrum disorder (ASD) community for someone…
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Summary:  Where an employer is unaware of an employee’s disability at the time of dismissal, but learns about this disability at an appeal hearing, can the dismissal be disability discrimination? Yes, says the EAT in Baldeh v Churches Housing Association of Dudley and District Ltd, available here. Background:  Under the Equality Act 2010, a person…
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What do we already know? In our April 2018 Newsletter Case update (1): Sex discrimination and shared parental leave pay and May 2018 Newsletter Case update (1): Sex discrimination and shared parental leave pay we updated you on the EAT decisions in Capita Customer Management Ltd v Ali and Hextall v Chief Constable of Leicestershire…
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What do we already know? We updated you in our September 2017 Newsletter Government reforms (2): Increase in discrimination awards on the Guidance published by the Presidents of the Employment Tribunals on the amount of compensation which can be awarded in discrimination claims. This Guidance confirmed there are three levels of bands for compensation for…
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