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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Almost every week I find myself advising employers on all sorts of aspects of discrimination law. Common scenarios include an employee, very early in their probation period, taking substantial leave from work with possible mental health issue.  Another is ‘what does a reasonable adjustment look like?’ in this or that situation.  In my experience, the…
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Summary: Does an employee, for purposes of a victimisation claim, have to act dishonestly for an allegation to be made in bad faith? Yes, held the EAT in Saad v Southampton University Hospitals NHS Trust available here. Facts:  Mr Saad, the employee, was a trainee surgeon employed by the Southampton University Hospitals NHS Trust, the…
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What do we already know? We updated you in our August 2017 Newsletter Government reforms (2): Discrimination – consultation on caste that the Government was consulting on whether to: prohibit caste discrimination through case law; or specify caste as a protected characteristic in the Equality Act 2010. The consultation closed on 18 September 2017.  …
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Summary:  Was an employer’s decision to issue a written warning to a disabled employee for taking 60 days’ sickness absence over a 12-month period discriminatory? Yes, as it was disproportionate, says the EAT in DL Insurance Services Ltd v O’Connor available here. Facts:  Mrs O’Connor, the employee, was disabled, which was accepted by her employer,…
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Summary: Can a dismissal for misconduct be discriminatory even if the employer does not know that a disability has caused the misconduct? Yes, says the Court of Appeal in City of York Council v Grosset available here. Facts:  The employee, Mr Grosset was employed as a teacher. He had cystic fibrosis, which the parties agreed…
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ACAS has published new guidance on religion and belief discrimination at work, available here. The guidance provides a brief introduction to religion and belief discrimination under the Equality Act 2010 and provides further information on how employers can accommodate workers with religious beliefs. The guidance urges employers to take a flexible approach to religious dress…
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