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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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 (available here).  The consultation asked for views on what changes could be…
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Summary: If an employer has a policy which refers to a specific adjustment, are they required to make that adjustment for a disabled employee? Yes, says the EAT in Mrs M Linsley v Commissioners for Her Majesty’s Revenue and Customs, available here. Facts:  Mrs Linsley, the employee, is employed by HMRC.  Mrs Linsley has ulcerative…
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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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