What do we already know? We have previously discussed legal issues surrounding the menopause and the workplace (see here).  In Anne-Marie Boyle’s blog Menopause – the last workplace taboo? Part 2 she highlighted disability discrimination as a particular risk and that staff with strong menopausal symptoms could well qualify as being disabled.  At this time…
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Summary:   Is an act of dismissal discriminatory when the employer only knows of the disability post-dismissal? No, says the EAT in Stott v Ralli Ltd available here. Background:  Employees can bring a claim under s15 Equality Act 2010 that they have been subjected to unfavourable treatment because of something arising from a disability. However, for…
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Summary:  Can a Tribunal consider events after the date of the discriminatory act when deciding whether an employee’s condition is ‘long-term’ for the purposes of disability status? No, held the Court of Appeal in All Answers Ltd v W and Another, available here. Background:  There are in essence four aspects to the test of whether…
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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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