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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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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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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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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