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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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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Summary:  Can an expectation that an employee work long hours amount to a provision, criterion or practice which requires reasonable adjustments for a disabled employee? Yes, says the Court of Appeal in United First Partners Research v Carreras available here. Background: an employer is obliged to make reasonable adjustments where there is a provision, criterion…
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Summary:  Does an employer have to take every possible step to establish whether an employee is disabled to avoid having constructive knowledge of disability? No, says the Court of Appeal in Donelien v Liberata UK Ltd available here. Facts:  The employer, Liberata, employed Ms Donelien for nearly 11 years as a court officer until it…
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