Summary:  Can employees succeed in a discrimination claim in relation to acts which occur before their condition amounts to a disability? No, says the EAT in Tesco Stores Ltd v Tennant, available here. Background:   A physical or mental condition only amounts to a disability under the Equality Act 2010 if it “has a substantial and…
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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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In June the Government announced (see here) Theresa May’s intention to introduce new measures to tackle injustices faced by disabled people. The measures include overhauling statutory sick pay and greater workplace support, publishing new national outcomes data for disabled people and establishing a cross-Government disability team. The Government has now published a consultation (available here)…
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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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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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