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Murphy v Slough Borough Council Governing Body of Langleywood School: CA 16 Feb 2005

The court was asked as to who was the appropriate respondent when a claim for disability discrimination is brought by a teacher employed at a maintained community school with a delegated budget. The teacher’s contract of employment is with the local education authority, but the Governing Body of such a school is given extensive employment … Continue reading Murphy v Slough Borough Council Governing Body of Langleywood School: CA 16 Feb 2005

Williams v J Walter Thompson Group Ltd: CA 17 Feb 2005

In giving their decision, the court reminded tribunals when preparing their judgments, to make sure the reasons were user friendly. Here time had been wasted with confusion about the Roman Numerals used to number the reasons. Judges: Mummery LJ, Chadwick LJ, Tuckey LJ Citations: [2005] EWCA Civ 133, Times 05-Apr-2005, [2005] IRLR 376 Links: Bailii … Continue reading Williams v J Walter Thompson Group Ltd: CA 17 Feb 2005

Ross v Ryanair Ltd and Another: CA 21 Dec 2004

The claimant said that the airline and airport had failed to provide proper access arrangements for him as a disabled person. No wheelchair had been provided to transfer him through the airport to the airplane. Held: It was the duty of both defendants to provide such facilities. It was no defence that better facilities were … Continue reading Ross v Ryanair Ltd and Another: CA 21 Dec 2004

P Lee v Lancashire County Council: EAT 30 Apr 2001

EAT Disability Discrimination – Disability Judges: The Honourable Mr Justice Hooper Citations: EAT/703/99, [2001] UKEAT 703 – 99 – 3004 Links: Bailii, EAT Jurisdiction: England and Wales Citing: Cited – Owusu v London Fire and Civil Defence Authority EAT 1-Mar-1995 The employee complained of his employer’s repeated failure to regrade him, and alleged discrimination. The … Continue reading P Lee v Lancashire County Council: EAT 30 Apr 2001

Vicary v British Telecommunications Plc: EAT 19 Feb 1998

A medical report in a disability discrimination claim should deal with the doctor’s diagnosis of the impairments, the doctor’s observation of the applicant carrying out day to day activities and the ease with which he was able to perform those functions, together with any relevant opinion as to prognosis and the effect of medication. Morison … Continue reading Vicary v British Telecommunications Plc: EAT 19 Feb 1998

Greenwood v British Airways Plc: EAT 17 Jun 1999

The tribunal considered a disability discrimination appeal. Held: ‘In our judgment the tribunal fell into error by considering the question of disability only as at the date of the alleged discriminatory act. We are quite satisfied, as the Guidance makes clear, that the tribunal should consider the adverse effects of the applicant’s condition up to … Continue reading Greenwood v British Airways Plc: EAT 17 Jun 1999

Commissioner of Police of the Metropolis v Harley: EAT 19 Feb 2001

Appeal against a finding that a claim of disability discrimination was in time. Judges: Charles J Citations: [2001] UKEAT 518 – 00 – 1902, EAT/518/00 Links: Bailii, EAT Statutes: Disability Discrimination Act 1995 Cited by: See Also – Harley v Commissioner of Police of the Metropolis EAT 18-Sep-2001 Application for hearing to be postponed. . … Continue reading Commissioner of Police of the Metropolis v Harley: EAT 19 Feb 2001

Turner v Scope (A Registered Charity): EAT 18 Dec 2002

Appeal from rejection of claim for constructive unfair dismissal and of discrimination. Judges: Timothy Brennan QC Rec Citations: [2002] UKEAT 0071 – 02 – 1812 Links: Bailii Statutes: Disability Discrimination Act 1995 Jurisdiction: England and Wales Citing: Cited – Ministry of Defence v Jeremiah CA 1980 The court considered the meaning of ‘detriment’ in discrimination … Continue reading Turner v Scope (A Registered Charity): EAT 18 Dec 2002

Catherall v Michelin Tyre Plc: EAT 21 Oct 2002

EAT Disability Discrimination – Disability. Judges: Nelson J Citations: [2002] UKEAT 915 – 01 – 2110, EAT/915/01, [2003] IRLR 61 Links: Bailii, EAT Statutes: Disability Discrimination Act 1995 4 Citing: See Also – Catherall v Michelin Tyres Plc EAT 21-Nov-2001 . . Cited by: Cited – Meikle v Nottinghamshire County Council EAT 19-Aug-2003 EAT Disability … Continue reading Catherall v Michelin Tyre Plc: EAT 21 Oct 2002

Gbokoyi v Bennett’s Eco-Inverter (Environmental Services) Ltd: EAT 18 Jan 2002

The claimant appealed against dismissal of her unfair dismissal and of her maternity related discrimination claim. Held: The appeal succeeded: ‘it does not appear that the tribunal gave any separate consideration to whether the pregnancy was an effective cause of the adverse treatment of Mrs Gbokoyi and, insofar as it relied on the reasons which … Continue reading Gbokoyi v Bennett’s Eco-Inverter (Environmental Services) Ltd: EAT 18 Jan 2002

J J Simms v The London Borough of Newham: EAT 17 Jun 2004

EAT Disability Discrimination – Justification – This appeal involves alleged errors by the Employment Tribunal in its finding that the Appellant was disabled under section 1 of the DDA 1995 in respect of his ability to perform normal day-to-day activities as defined by section 4(1) of DDA. EAT hold no error of law, thus entitled … Continue reading J J Simms v The London Borough of Newham: EAT 17 Jun 2004

Bush v Zurich Financial Services: EAT 18 Mar 2004

Appeal by claimant against a decision on a preliminary point by an Employment Tribunal at which it was determined that the Appellant was a disabled person within the meaning of Section 1(1) of the Disability Discrimination Act 1995 in the period 23 November 1998 to 15 September 2000 but was not such a person in … Continue reading Bush v Zurich Financial Services: EAT 18 Mar 2004

Collins v Royal National Theatre Board Limited: CA 17 Feb 2004

Can an employer’s failure to make adjustments to accommodate a disabled employee be unreasonable but justified? Held: The justification under 5(2)(b) must be something other than the circumstances which are taken into account for the purpose of section 6(1): ‘The clear purpose of s.5(5) is to deny to an employer who has treated a disabled … Continue reading Collins v Royal National Theatre Board Limited: CA 17 Feb 2004

Meikle v Nottinghamshire County Council: EAT 19 Aug 2003

EAT Disability Discrimination – Less favourable treatment. The appellant brought proceedings against the Respondents alleging that they had failed to make adjustments to her workplace and conditions so as to accommodate her disability, that they had treated her less favourably for reasons relating to her disability; and in the second case presented in 2000 that … Continue reading Meikle v Nottinghamshire County Council: EAT 19 Aug 2003

Carson and Reynolds v Secretary of State for Work and Pensions: CA 17 Jun 2003

The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in each case were whether the benefit affected a ‘possession’ within the Convention or the discrimination was arbitrary so as to breach the applicants human rights. Held: … Continue reading Carson and Reynolds v Secretary of State for Work and Pensions: CA 17 Jun 2003

Gate Gourmet v J B Jangra: EAT 12 Dec 2000

EAT Unfair Dismissal – OtherThe employer appealed a finding of unfair dismissal and disability discrimination. She suffered an apparently minor injury, but which led to long standing disability with varying diagnoses. The company doctor came to consider it would be a long time before she could return. She was dismissed for capability. Held: There was … Continue reading Gate Gourmet v J B Jangra: EAT 12 Dec 2000

Rowden v Dutton Gregory Solictors: EAT 17 Dec 2001

EAT Disability Discrimination – Disability EAT Disability Discrimination – Disability. Judges: The Honourable Mr Justice Lindsay (P) Citations: EAT/1116/00, [2002] UKEAT 1116 – 00 – 2502, [2002] ICR 971 Links: Bailii, EATn Statutes: Disability Discrimination Act 1995 Citing: See Also – Rowden v Dutton Gregory Solicitors EAT 1-Mar-2001 Disability Discrimination – Disability. . . Cited … Continue reading Rowden v Dutton Gregory Solictors: EAT 17 Dec 2001

Latchman v Reed Business Information Ltd: EAT 7 Dec 2001

EAT The EAT considered the expression ‘likely to last’ in paragraph 2(1)(b) of the Act, and stated: ‘It is always tempting to accord, and is often appropriate, when it is charged with finding out what at some earlier date the future would then have seem to hold, to have regard to what the future in … Continue reading Latchman v Reed Business Information Ltd: EAT 7 Dec 2001

Conoco Ltd v Kevan Booth: EAT 30 Jan 2001

EAT The employer appealed against a finding of unfair dsmissal and unlawful disability discrimination. He claimant suffered post traumatic stress after a fire at the appellant’s premises, and the employer was advised to remove him from safety critical positions. They made attempts to find alternate work, but the claimant said the attempts were inadequate, and … Continue reading Conoco Ltd v Kevan Booth: EAT 30 Jan 2001

Murphy v Sheffield Hallam University: EAT 11 Jan 2000

The claimant challenged refusal of his claim of discrimination. He was profoundly deaf. He applied for work, and indicated his disability, but no provision was made for a signer to appear at the interview. The interview was re-arranged, but he failed. Held: The tribunal gave reasons for finding that the disability had played no part … Continue reading Murphy v Sheffield Hallam University: EAT 11 Jan 2000

College of Ripon and York St John v Dr Hobbs: EAT 14 Nov 2001

The college appealed a finding that the applicant who had been found to be disabled within the Act, but denied discrimination. They appealed the finding of the tribunal which had failed to identify whether the disability was mental or physical. Held: There was sufficient evidence of impairment to constitute disability. The expert evidence was not … Continue reading College of Ripon and York St John v Dr Hobbs: EAT 14 Nov 2001

Regina v Powys County Council, ex parte Jenny Diane Hambidge: Admn 28 Apr 1999

Citations: [1999] EWHC Admin 371 Links: Bailii Statutes: Disability Discrimination Act 1995 20 Cited by: Appeal from – Regina v Powys County Council, Ex Parte Hambidge (No 2) CA 16-Mar-2000 Where a local authority raised the care charges for facilities and services provided to disabled people charging different rates according to the benefits received, and … Continue reading Regina v Powys County Council, ex parte Jenny Diane Hambidge: Admn 28 Apr 1999

Thetford Corporation And Others v Fiamma Spa And Others: ECJ 30 Jun 1988

The court considered a reference to the European Court on assumed facts where the domestic court had not yet established those facts. Europa In the present state of Community law, characterized by the absence of harmonization of the patents legislation of the Member States, and in the absence of international conventions in force providing to … Continue reading Thetford Corporation And Others v Fiamma Spa And Others: ECJ 30 Jun 1988

O’Neill v Governors of St Thomas More Roman Catholic Voluntary Aided Upper School: EAT 7 Jun 1996

The dismissal by a Roman Catholic school of a teacher who was pregnant by a priest, was on the grounds of pregnancy, and for an inadmissible reason. The pregnancy was an effective cause of the adverse treatment of the Appellant by her employer. Judges: Mummery P Citations: Gazette 12-Sep-1996, Times 07-Jun-1996, [1996] IRLR 372, [1996] … Continue reading O’Neill v Governors of St Thomas More Roman Catholic Voluntary Aided Upper School: EAT 7 Jun 1996

Morse v Wiltshire County Council: EAT 1 May 1998

A tribunal considering a claim of disability discrimination should best consider the various statutory elements in the order given in the Act, so as to avoid confusion in unraveling what is a complex statutory structure. The wide language of section 6(2) and 6(3) is capable of applying to a ‘dismissal situation’. Although section 6 makes … Continue reading Morse v Wiltshire County Council: EAT 1 May 1998

Meyers v Adjudication Officer: ECJ 19 Jul 1995

EC directive on equal rights requires single parents to set off child care costs. A social security benefit designed to keep low income workers in employment or to encourage them into employment was within the scope of Directive 76/207/EC, not only as being directly related to access to employment, but also on the basis that … Continue reading Meyers v Adjudication Officer: ECJ 19 Jul 1995

Goodwin v Patent Office: EAT 21 Oct 1998

An ability to carry out normal domestic day to day tasks did not mean that a physical impairment was not substantial. The word ‘substantial’ is potentially ambiguous. In that it might mean ‘very large’ or ‘more than minor or trivial’. The code of guidance resolves this ambiguity in favour of the latter alternative. The employment … Continue reading Goodwin v Patent Office: EAT 21 Oct 1998

British Sugar Plc v Kirker: EAT 3 Feb 1999

The Tribunal was not wrong to find disability discrimination where an employee was selected for redundancy drawing inferences from events which had occurred before the Act came into force. No need in this law for comparison with treatment of comparitors. Citations: Gazette 03-Feb-1999, [1998] IRLR 624 Statutes: Disability Discrimination Act 1995 Employment, Discrimination Updated: 18 … Continue reading British Sugar Plc v Kirker: EAT 3 Feb 1999

British Midland Airways Limited v Lewis: EAT 1978

An airline pilot complained that he had been unfairly dismissed and the Industrial Tribunal, without considering whether or not they had jurisdiction to hear the complaint on the ground that the employee might ordinarily work abroad, found that the dismissal was unfair. The case had been listed before the Industrial Tribunal upon the jurisdictional question … Continue reading British Midland Airways Limited v Lewis: EAT 1978

Goodwin v Patent Office: EAT 3 Feb 1999

Tribunals looking at Disability Discrimination should check the four factors in the Act without losing the overall picture. Assistance was available from the WHO Classification of Diseases. Being able to carry out a task did not mean ability was not impaired. ‘The tribunal should bear in mind that with social legislation of this kind, a … Continue reading Goodwin v Patent Office: EAT 3 Feb 1999

Woodlands School (Newton Stewart) Ltd v Gordon: EAT 5 Oct 2001

The employer appealed against a finding of disability discrimination. The tribunal was claimed not to have taken account of the codes of practice and the need for a risk assessment. Held: The absence of a risk assessment mean that no adjustment had been considered, and no justification was available. The finding was essentially under 5(1). … Continue reading Woodlands School (Newton Stewart) Ltd v Gordon: EAT 5 Oct 2001

Regina v Powys County Council, Ex Parte Hambidge (No 2): CA 16 Mar 2000

Where a local authority raised the care charges for facilities and services provided to disabled people charging different rates according to the benefits received, and where some benefits were received according to the level of disability, that differentiation did not amount to disability discrimination. The differences arose form the different levels of benefits paid to … Continue reading Regina v Powys County Council, Ex Parte Hambidge (No 2): CA 16 Mar 2000

ADT Fire and Security Plc v Speyer: EAT 15 Sep 2006

EAT Unfair dismissal and Race Relations Act 1976 Unfair dismissal – Exclusions including worker/jurisdiction Three cases were stayed pending the judgment of the House of Lords in Lawson v Serco [2006] ICR 250. The appeal in the British Council case was dismissed on withdrawal after the hearing and before the judgment. In ADT, the Employment … Continue reading ADT Fire and Security Plc v Speyer: EAT 15 Sep 2006

Bwllfa and Merthyr Dare Steam Collieries (1891) Ltd v Pontypridd Waterworks Co: HL 1903

A coalmine owner claimed statutory compensation against a water undertaking which had, under its statutory authority, prevented him mining his coal over a period during which the price of coal had risen. The House was asked whether the coal should be valued as at the beginning of the period or at its value during the … Continue reading Bwllfa and Merthyr Dare Steam Collieries (1891) Ltd v Pontypridd Waterworks Co: HL 1903

D H Kirton v Tetrosyl Limited: CA 10 Apr 2003

The claimant suffered asymptotic prostate cancer, but after a prostatectomy, had suffered urinary incontinence. He appealed a finding of the tribunal and EAT that his condition was not a disability within the Act. Held: The Schedule enlarged upon the definition of disability to give statutory protection to those with progressive conditions. The urinary incontinece was … Continue reading D H Kirton v Tetrosyl Limited: CA 10 Apr 2003

MHC Consulting Services Ltd v Tansell: CA 19 Apr 2000

A company took on employees through an employment agency. The contract of employment was between the agency and the worker who was supplied to the company by the agency. It was the company which had relationship of principal to the worker, and so was responsible for compliance with the Disability Discrimination Act. The absence of … Continue reading MHC Consulting Services Ltd v Tansell: CA 19 Apr 2000

D G Moncrieff (Farmers) v MacDonald: EAT 1978

The ability of a tribunal to revisit its own judgments, the review procedure, was only appropriate for use in exceptional circumstances. Citations: [1978] IRLR 112 Cited by: Cited – Trimble v Supertravel Ltd EAT 1982 The Industrial Tribunal had held that the appellant’s dismissal was unfair but then decided that she had failed to mitigate … Continue reading D G Moncrieff (Farmers) v MacDonald: EAT 1978

Lindsay v Ironsides Ray and Vials: EAT 27 Jan 1994

The industrial tribunal had refused the applicant an extension of time. Held: The Tribunal mistook the law in holding that it could grant a review of its decision because the employee’s case had not been properly argued at the preliminary hearing as a result of her representative’s shortcomings. It would not be in the interests … Continue reading Lindsay v Ironsides Ray and Vials: EAT 27 Jan 1994

Rugamel v Sony Music Entertainment UK Ltd; McNicol v Balfour Beatty Rail Maintenance Ltd: EAT 28 Aug 2001

Both cases questioned the extent, as a disability, of functional or psychological ‘overlay’, where there may be no medical condition underlying the symptoms which the employee claims to be present. Neither claimant had asserted any psychological disability. The employees appealed a refusal that they be considered to suffer a disability. ‘Impairment’, has to mean some … Continue reading Rugamel v Sony Music Entertainment UK Ltd; McNicol v Balfour Beatty Rail Maintenance Ltd: EAT 28 Aug 2001

O’Neill v Symm and Co Ltd: EAT 10 Jun 1998

An employer dismissing an employee for sickness absences, and who was unaware that the sickness had come to be a disability, did not discriminate under the Act. The reason for the dismissal was to be looked for in the mind of the employer. Citations: Gazette 08-Jul-1998, Gazette 10-Jun-1998, Times 12-Mar-1998, [1998] IRLR 233 Statutes: Disability … Continue reading O’Neill v Symm and Co Ltd: EAT 10 Jun 1998

Stec and Others v United Kingdom: ECHR 12 Apr 2006

(Grand Chamber) The claimants said that differences between the sexes in the payment of reduced earning allowances and retirement allowances were sex discrimination. Held: The differences were not infringing sex discrimination. The differences arose from the differences in pensionable ages for men and women introduced in 1940 in order to help remedy severe social inequalities … Continue reading Stec and Others v United Kingdom: ECHR 12 Apr 2006

Kenny v Hampshire Constabulary: EAT 22 Oct 1998

The withdrawal of a job offer to a man with cerebral palsy was not disability discrimination, where it was because of the difficulty of making the arrangements necessary to put the applicant in a position to do the work as opposed to pure work related issues. Citations: Times 22-Oct-1998, Gazette 11-Nov-1998 Statutes: Disability Discrimination Act … Continue reading Kenny v Hampshire Constabulary: EAT 22 Oct 1998

Servier Laboratories Ltd, Regina (on the Application of) v National Institute for Health and Clinical Excellence and others: Admn 19 Feb 2009

The claimant challenged the failure of the defendant to list its drug strontium ranelate for prescription within the UK. They said that NICE failed to act fairly and with transparency by their failure to supply or disclose to Servier and the other consultees the economic model and underlying data upon which the conclusions of NICE … Continue reading Servier Laboratories Ltd, Regina (on the Application of) v National Institute for Health and Clinical Excellence and others: Admn 19 Feb 2009

Bulmer (HP) Ltd v Bollinger SA: CA 1974

The plaintiff complained that the respondent had described its drink ‘Babycham’ as a champagne perry, which it said was a misuse of the appellation ‘champagne’. Held: The court considered the effect of European legislation on the law of England and Wales. Lord Denning MR said: ‘But when we come to matters with a European element, … Continue reading Bulmer (HP) Ltd v Bollinger SA: CA 1974

Assicurazioni Generali Spa v Arab Insurance Group (BSC): CA 13 Nov 2002

Rehearing/Review – Little Difference on Appeal The appellant asked the Court to reverse a decision on the facts reached in the lower court. Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. Tanfern was limited to appeals from … Continue reading Assicurazioni Generali Spa v Arab Insurance Group (BSC): CA 13 Nov 2002

AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

Recovery of Medical Costs for Asbestos Diseases (Wales) Bill (Reference By The Counsel General for Wales): SC 9 Feb 2015

The court was asked whether the Bill was within the competence of the Welsh Assembly. The Bill purported to impose NHS charges on those from whom asbestos related damages were recovered. Held: The Bill fell outside the legislative competence of the Welsh Assembly, in that it did not relate to any of the subjects listed … Continue reading Recovery of Medical Costs for Asbestos Diseases (Wales) Bill (Reference By The Counsel General for Wales): SC 9 Feb 2015

DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 May 2019

Several lone parents challenged the benefits cap, saying that it was discriminatory. Held: (Hale, Kerr LL dissenting) The parents’ appeals failed. The legislation had a clear impact on lone parents and their children. The intention was to encourage claimants back into work. It was said that thus contradicted the other policy of providing no free … Continue reading DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 May 2019

Royal Bank of Scotland Plc v Morris: EAT 12 Mar 2012

EAT RACE DISCRIMINATION – Direct discriminationDISABILITY DISCRIMINATION – DisabilityDISABILITY DISCRIMINATION – Reasonable AdjustmentsC, who is black, was employed by RBS. He raised a complaint against his manager (T). The manager to whom he complained (A) suggested, without any foundation in anything that C had said, that C was alleging a racial motivation on the part … Continue reading Royal Bank of Scotland Plc v Morris: EAT 12 Mar 2012

JP Morgan Europe Ltd v Chweidan: EAT 26 Aug 2010

EAT DISABILITY DISCRIMINATIONDisability related discriminationDirect disability discriminationThe Employment Tribunal found that the Claimant, an Executive Director in Structured Credit and Sales, had not suffered disability related discrimination under s3A(1) of the 1995 Disability Discrimination Act, by reason of the fact that his disability limited his working hours and prevented him from widening his client base, … Continue reading JP Morgan Europe Ltd v Chweidan: EAT 26 Aug 2010

Medical Justice, Regina (on The Application of) v Secretary of State for The Home Department: Admn 26 Jul 2010

The claimant, a charity assisting immigrants and asylum seekers, challenged a policy document regulating the access to the court of failed applicants facing removal. They said that the new policy, reducing the opportunity to appeal to 72 hours or less, made ineffective any right for judicial review. Held: The request was granted, and the 2010 … Continue reading Medical Justice, Regina (on The Application of) v Secretary of State for The Home Department: Admn 26 Jul 2010

Pfeiffer v Deutsches Rotes Kreuz, Kreisverband Waldshut eV (1): ECJ 5 Oct 2004

ECJ Reference for a preliminary ruling: Arbeitsgericht Lorrach – Germany. Social policy – Protection of the health and safety of workers – Directive 93/104/EC – Scope – Emergency workers in attendance in ambulances in the framework of an emergency service run by the German Red Cross – Definition of ‘road transport’ – Maximum weekly working … Continue reading Pfeiffer v Deutsches Rotes Kreuz, Kreisverband Waldshut eV (1): ECJ 5 Oct 2004

Abbey National Plc v Fairbrother: EAT 12 Jan 2007

EAT Unfair Dismissal Disability discrimination The Tribunal had found a dismissal to be unfair because of flaws in a grievance procedure, following which the Claimant had resigned. They also found that the Claimant, who suffered an obsessive compulsive disorder, was subjected to taunts that she would not have had inflicted on her if she had … Continue reading Abbey National Plc v Fairbrother: EAT 12 Jan 2007

Law Hospitals NHS Trust v Rush: SCS 13 Jun 2001

The claimant had said that the effect of her dyslexia was to inhibit her career progress. Held:It was right for a tribunal to have regard to how an applicant could carry out duties at work in deciding whether she was within the Disability Discrimination Act. Evidence of how the claimant carries out normal day-to-day activities … Continue reading Law Hospitals NHS Trust v Rush: SCS 13 Jun 2001

Marshall v The Learning Trust and Others: EAT 21 Jul 2015

EAT Practice and Procedure: Appellate Jurisdiction/Reasons/Burns-Barke Two live issues: (1) The Appellant was not permitted to run a new argument on aiding and abetting under section 57 Disability Discrimination Act 1995. (2) Having heard live evidence I found that the Appellant’s representative (her husband) had not pursued a claim for damages for wrongful dismissal at … Continue reading Marshall v The Learning Trust and Others: EAT 21 Jul 2015

Blackledge v London General Transport Services Ltd: EAT 3 Aug 2001

The appellant appealed against a finding that he was not disabled under the Act. He had been a soldier in action and many years later, he suffered flash backs and claimed post traumatic stress disorder. Doctors differed in their diagnosis, and in the standards they used, ICD-10 and DSM-IV. The tribunal failed properly to recognise … Continue reading Blackledge v London General Transport Services Ltd: EAT 3 Aug 2001

Clark v TDG Limited (Trading As Novacold): CA 25 Mar 1999

The applicant had soft tissue injuries around the spine as a consequence of a back injury at work. He was absent from work for a long time as a result of his injuries, and he was eventually dismissed when his medical advisers could provide no clear idea of when it would be possible for him … Continue reading Clark v TDG Limited (Trading As Novacold): CA 25 Mar 1999

British Coal Corporation v Keeble and others: EAT 26 Mar 1997

The employer appealed against a decision by the tribunal that it had jurisdiction to hear the complaints of sex discrimination. The tribunal had extended the time for the claim on the just and equitable basis. Held: The EAT set out five criteria for answering whether to extend time: ‘(a) the length of and reasons for … Continue reading British Coal Corporation v Keeble and others: EAT 26 Mar 1997

Fox v British Airways Plc (Unfair Dismissal: Reasonableness of Dismissal): EAT 22 Apr 2015

Unfair Dismissal: Reasonableness of Dismissal – DISABILITY DISCRIMINATION – Reasonable adjustments Unfair Dismissal – fairness of the decision to dismiss In circumstances where the advice available to the employer had materially changed between the taking of the decision to dismiss and the dismissal itself, a question arose as to whether this impacted upon the fairness … Continue reading Fox v British Airways Plc (Unfair Dismissal: Reasonableness of Dismissal): EAT 22 Apr 2015

The Department for Work and Pensions v Conyers: EAT 5 Nov 2014

EAT Disability Discrimination: Disability – PRACTICE AND PROCEDURE – Perversity – Disability – whether evidence to support finding – The Claimant had two periods of absence during the latter part of her employment. She had conceded in her witness statement and evidence that she was not a disabled person for the purposes of the Disability … Continue reading The Department for Work and Pensions v Conyers: EAT 5 Nov 2014

General Dynamics Information Technology Ltd v Carranza: EAT 10 Oct 2014

EAT DISABILITY DISCRIMINATION – Reasonable adjustments UNFAIR DISMISSAL – Reasonableness of dismissal The Employment Tribunal, by a majority, found that the Respondent was in breach of a duty to make reasonable adjustments for the Claimant because it would have been a reasonable adjustment to disregard a final written warning. Held: (1) The majority had been … Continue reading General Dynamics Information Technology Ltd v Carranza: EAT 10 Oct 2014

McDonald, Regina (on The Application of) v Royal Borough of Kensington and Chelsea: CA 13 Oct 2010

The claimant said that the wihdrawal of overnight support to her at home was unlawful. Held: The claim failed. Her requirement was a need to urinate safely at night, which was satisfied by the new arrangement. Rix, Wilson LJJ, Sir David Keene [2010] EWCA Civ 1109, (2010) 13 CCL Rep 664, [2011] ACD 40 Bailii … Continue reading McDonald, Regina (on The Application of) v Royal Borough of Kensington and Chelsea: CA 13 Oct 2010

Barnsley Metropolitan Borough Council v Norton and Others: CA 21 Jul 2011

Appeal from possession order – house occupied by school caretaker. Maurice Kay VP, Carnwath, Lloyf LJJ [2011] EWCA Civ 834, [2011] Eq LR 1167, [2011] HLR 46, [2011] NPC 79, (2011) 14 CCL Rep 617, [2011] 30 EG 57, [2012] PTSR 56 Bailii Disability Discrimination Act 1995 49A, European Convention on Human Rights 8, Human … Continue reading Barnsley Metropolitan Borough Council v Norton and Others: CA 21 Jul 2011

Gallop v Newport City Council: CA 11 Dec 2013

An employer was not absolutely bound by the views of an Occupational Health Practitioner. Longmore, Rimer LJJ, Sir John Mummery [2013] EWCA Civ 1583 Bailii Disability Discrimination Act 1995 England and Wales Citing: Leave – Gallop v Newport City Council CA 31-Jan-2013 Application for leave to appeal – allowed. . . Cited by: Cited – … Continue reading Gallop v Newport City Council: CA 11 Dec 2013

Peregrine (Deceased) v Amazon.Co.Uk Ltd (Disability Discrimination : Reasonable Adjustments): EAT 20 Aug 2013

EAT DISABILITY DISCRIMINATION – Reasonable adjustments The Claimant had surgery for parotid cancer in 1998 and so was disabled under para 6A Disability Discrimination Act 1995. In 2009 he developed symptoms in his back which the treating physicians did not immediately link to the cancer. He died in 2011. The Respondent did not know, and … Continue reading Peregrine (Deceased) v Amazon.Co.Uk Ltd (Disability Discrimination : Reasonable Adjustments): EAT 20 Aug 2013

Croft Vets Ltd and Others v Butcher: EAT 2 Oct 2013

EAT Disability Discrimination : Disability Related Discrimination – Reasonable adjustments – The Respondent was employed by the Appellants as a reception and finance manager. She suffered from work-related stress and severe depression. She resigned from her employment when the Appellants did not act on the recommendations made by the clinical psychiatrist to whom they referred … Continue reading Croft Vets Ltd and Others v Butcher: EAT 2 Oct 2013

Newham Sixth Form College v Sanders: EAT 2 Jul 2013

EAT DISABILITY DISCRIMINATION – Reasonable adjustmentsThe Employment Tribunal did not apply the structured approach in Rowan and Ashton to the Claimant’s claim for reasonable adjustments, or show that it considered s.4A(1) or (3) Disability Discrimination Act 1995, and did not answer a crucial question in its list of issues. The judgment and the consequential remedy … Continue reading Newham Sixth Form College v Sanders: EAT 2 Jul 2013

SCA Packaging Ltd v Boyle (Northern Ireland): HL 1 Jul 2009

The claimant suffered a condition which would lead to the development of vocal nodules unless she followed a program which would allow her to avoid raising her voice. She said that employer should not have placed her within a noisy environment. The employer appealed against a decision that she suffered a disability saying that she … Continue reading SCA Packaging Ltd v Boyle (Northern Ireland): HL 1 Jul 2009

Salford NHS Primary Care Trust v Smith: EAT 26 Aug 2011

salfordnhs_smithEAT2011 EAT DISABILITY DISCRIMINATION ACTThe Claimant was a physiotherapist employed by the Respondent in a managerial position. At the relevant time she was on long term sick leave because she suffered from chronic fatigue syndrome. She was signed off work by her GP and was unable to return to her post or perform any productive … Continue reading Salford NHS Primary Care Trust v Smith: EAT 26 Aug 2011

Barber v London Borough of Croydon: CA 11 Feb 2010

The tenant who suffered learning and behavioural difficulties appealed against an order for possession of his council flat. He had become aggressive with the caretaker. The council sought possession, and he defended the claim saying that the council had failed to take account of his disability. Held: The applicable national guidance required the council to … Continue reading Barber v London Borough of Croydon: CA 11 Feb 2010

X v Y Ltd (Practice and Procedure – Disclosure): EAT 9 Aug 2018

Iniquity surpasses legal advice privilege PRACTICE AND PROCEDURE – Disclosure PRACTICE AND PROCEDURE – Striking-out/dismissal An Employment Judge struck out paragraphs of the Claimant’s claim as they depended on an email in respect of which legal advice privilege was claimed. In considering whether privilege could not be claimed as the advice in the email was … Continue reading X v Y Ltd (Practice and Procedure – Disclosure): EAT 9 Aug 2018

London Borough of Lewisham v Malcolm and Disability Rights Commission: CA 25 Jul 2007

The court was asked, whether asked to grant possession against a disabled tenant where the grounds for possession were mandatory. The defendant was a secure tenant with a history of psychiatric disability. He had set out to buy his flat, but the council sought possession when it discovered that he had sublet. Held: Section 23(3)(c) … Continue reading London Borough of Lewisham v Malcolm and Disability Rights Commission: CA 25 Jul 2007

Relaxion Group plc v Rhys-Harper; D’Souza v London Borough of Lambeth; Jones v 3M Healthcare Limited and three other actions: HL 19 Jun 2003

The court considered whether discriminatory acts after the termination of employment were caught by the respective anti-discrimination Acts. The acts included a failure to give proper references. They pursued claims on the basis of victimisation after their primary discrimination claims. Held: The 1975 and 1976 Acts were similarly phrased and the wording in the 1995 … Continue reading Relaxion Group plc v Rhys-Harper; D’Souza v London Borough of Lambeth; Jones v 3M Healthcare Limited and three other actions: HL 19 Jun 2003

Webb v EMO Air Cargo (UK) Ltd (No 1): HL 3 Mar 1993

Questions on pregnancy dismissals included unavailability at required time. The correct comparison under the Act of 1975 was between the pregnant woman and: ‘a hypothetical man who would also be unavailable at the critical time. The relevant circumstance for the purposes of the comparison required by section 5(3) to be made is expected unavailability at … Continue reading Webb v EMO Air Cargo (UK) Ltd (No 1): HL 3 Mar 1993

Ghaidan v Godin-Mendoza: HL 21 Jun 2004

Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004

Barlow v P Stone: EAT 1 Jun 2012

barlow_stoneEAT2012 EAT DISABILITY DISCRIMINATION – Aiding and abettingThe Tribunal erred in concluding that it had no jurisdiction to consider a claim of victimisation brought by an employee against a fellow employee under Part II of the Disability Discrimination Act 1995. In the circumstances it had: see section 17A(1)(b), section 57(1) and (2) and section 58(1) … Continue reading Barlow v P Stone: EAT 1 Jun 2012

Igen Ltd v Wong: CA 18 Feb 2005

Proving Discrimination – Two Stage Process Each appeal raised procedural issues in discrimination cases, asking where, under the new regulations, the burden of proof had shifted. Held: The new situation required a two stage process before a complaint could be upheld. First the claimant had to establish facts allowing the tribunal to conclude, in the … Continue reading Igen Ltd v Wong: CA 18 Feb 2005

Thomas-Ashley v Drum Housing Association Ltd: CA 17 Mar 2010

The tenant had been ordered to leave her flat. She had kept a dog in breach of her tenancy agreement. The landlord had terminated the assured shorthold tenancy by a section 21 notice. She said that they had failed to make reasonable adjustments to allow for her disability, and that the dog was critical to … Continue reading Thomas-Ashley v Drum Housing Association Ltd: CA 17 Mar 2010

Webb v EMO Air Cargo (UK) Ltd (No 2): HL 20 Oct 1995

The applicant complained that she was dismissed when her employers learned that she was pregnant. Held: 1(1) (a) and 5(3) of the 1975 Act were to be interpreted as meaning that where a woman had been engaged for an indefinite period, the fact that pregnancy was the reason for her temporary unavailability at a time … Continue reading Webb v EMO Air Cargo (UK) Ltd (No 2): HL 20 Oct 1995

McDonald, Regina (on The Application of) v Royal Borough of Kensington and Chelsea: SC 6 Jul 2011

The claimant, a former prima ballerina, had suffered injury as she grew old. She came to suffer a condition requiring her to urinate at several points during each night. The respondent had been providing a carer to stay with her each night to provide the assistance neceesary to access the commode. The claimant now appealed … Continue reading McDonald, Regina (on The Application of) v Royal Borough of Kensington and Chelsea: SC 6 Jul 2011

Owusu v London Fire and Civil Defence Authority: EAT 1 Mar 1995

The employee complained of his employer’s repeated failure to regrade him, and alleged discrimination. The employer said his claim was out of time. Held: Mummery J made the distinction between single acts of discrimination, and continuing discrimination: ‘the tribunal erred in law in failing to treat the acts complained of on regrading and failure to … Continue reading Owusu v London Fire and Civil Defence Authority: EAT 1 Mar 1995

Pieretti v London Borough of Enfield: CA 12 Oct 2010

The claimant sought a declaration that the duty set out in the 1995 Act applies to the discharge of duties, and to the exercise of powers, by local housing authorities under Part VII of the Housing Act 1996 being the part entitled ‘Homelessness’. The defendant argued that (1) the section concerned only the general formulation … Continue reading Pieretti v London Borough of Enfield: CA 12 Oct 2010

Noor v UK Border Agency (UKBA): EAT 30 Jul 2012

noor_ukbaEAT2012 EAT JURISDICTIONAL POINTS – Extension of time: just and equitableDISABILITY DISCRIMINATION – DisabilityPRACTICE AND PROCEDURE – Preliminary issuesThe Claimant contended he had been discriminated against and victimised on account of his disability in a long sequence of events. The Respondent acknowledged there was proximity between all of the events and for that reason sought … Continue reading Noor v UK Border Agency (UKBA): EAT 30 Jul 2012

Council of The City of Newcastle Upon Tyne v Marsden (Rev 1): EAT 23 Jan 2010

EAT PRACTICE AND PROCEDURE – Review Claim under Disability Discrimination Act 1995 dismissed at PHR because Claimant not available to give evidence as to long-term effect of injury – Judge willing to offer adjournment if absence of Claimant had been explained and adjournment applied for – Counsel tells Judge that he does not know reason … Continue reading Council of The City of Newcastle Upon Tyne v Marsden (Rev 1): EAT 23 Jan 2010

McDougall v Richmond Adult Community College: EAT 13 Jul 2007

EAT Disability discrimination – DisabilityCompulsory admission of a patient under the Mental Health Act is not automatically a disability under the DDA 1995. In the circumstances of this case the severity of the Claimant’s condition did mean she had an impairment with a substantial adverse effect on day-to-day activities.In determining whether or not a condition … Continue reading McDougall v Richmond Adult Community College: EAT 13 Jul 2007

Litster and Others v Forth Dry Dock and Engineering Co Ltd: HL 16 Mar 1989

The twelve applicants had been unfairly dismissed by the transferor immediately before the transfer, and for a reason connected with the transfer under section 8(1). The question was whether the liability for unfair dismissal compensation transferred to the transferee. Held: It is the duty of a UK court to construe a statute, so far as … Continue reading Litster and Others v Forth Dry Dock and Engineering Co Ltd: HL 16 Mar 1989

Brown, Regina (on the Application of) v Secretary of State for Work and Pensions: Admn 18 Dec 2008

Having ‘due regard’ is not Obligation to do The claimant sought to challenge the decision to close her local post office on the basis that being retired and disabled and without a car in a rural area, the office was essential and the decision unsupportable. In particular she challenged the removal of post offices from … Continue reading Brown, Regina (on the Application of) v Secretary of State for Work and Pensions: Admn 18 Dec 2008

Malik v Bank of Credit and Commerce International (BCCI); Mahmud v Bank of Credit and Commerce International: HL 12 Jun 1997

Allowance of Stigma Damages The employees claimed damages, saying that the way in which their employer had behaved during their employment had led to continuing losses, ‘stigma damages’ after the termination. Held: It is an implied term of any contract of employment that the employer shall not without reasonable and proper cause conduct itself in … Continue reading Malik v Bank of Credit and Commerce International (BCCI); Mahmud v Bank of Credit and Commerce International: HL 12 Jun 1997

X v Mid Sussex Citizens Advice Bureau and Another: SC 12 Dec 2012

The appellant was disabled, had legal qualifications, and worked with the respondent as a volunteer. She had sought assistance under the Disability Discrimination Act, now the 2012 Act, saying that she counted as a worker. The tribunal and CA had found no contractual relationship. She said that under the 2000 Directive (the Framework Directive ‘FD’) … Continue reading X v Mid Sussex Citizens Advice Bureau and Another: SC 12 Dec 2012

British Aerospace plc v Green and Others: CA 18 Apr 1995

The employer was to make 530 members of its staff redundant. Each staff member was assessed and scored. The claimants said that the method of selection was unfair, and sought disclosure of the scores of all employees. Held: It was wrong to order discovery of the forms of employees who had not been selected for … Continue reading British Aerospace plc v Green and Others: CA 18 Apr 1995