Complaint was made within time limit when the decision complained of was a reconsideration of an earlier decision, not just a reference back to it. Held: In a sex discrimination case, where there has been a constructive dismissal, time runs from the date of the employer’s breach and not from the date of the employee’s … Continue reading Cast v Croydon College: CA 19 Mar 1998
The claimant appealed against rejection of his claim for disability discrimination which had been on the ground that his condition did not amount to a disability within section 1(1). He suffered from anxiety, stress, tension and depression. Held: The claimant’s appeal succeeded. Peter Clark J said: ‘There was no evidence as to the effect on … Continue reading Kapadia v London Borough of Lambeth: EAT 27 May 1999
The child was subject to the school eventually declined to clean and change him. The mother claimed that the school was discriminating. Held: The mother had understated the frequency of the bowel accidents. The school was not properly equipped to deal with them. The school head concluded that it could not sustain the placement out … Continue reading K v The School and the Special Needs and Disability Tribunal: CA 6 Mar 2007
Race discrimination which took place after a dismissal was not unlawful within the section, since that first required the context of employment, and after the dismissal, the applicant was no longer in that employment. The natural meaning of the phrase ’employed by him’ in section 4 (2) was confined to persons employed at the time … Continue reading Post Office v Adekeye: CA 13 Nov 1996
The tenant of a pub argued that the landlord brewery had an obligation to make alterations to the pub so as to allow him properly to enjoy it notwithstanding his disability. He suffered epilepsy and could no longer safely decorate it himself. He sought to require the landlord to do so. Judges: Maurice Kay, Carnwath, … Continue reading Beedles v Guinness Northern Counties Ltd: CA 19 Apr 2011
Where a tribunal had found unfair dismissal and was considering an award of damages for injury to feelings under the Disability Discrimination Act, it had to recognise the different needs of unlimited awards, and take great care in assessing factual materials.Morison J said: ‘What one might describe as the relatively brief and informal hearing on … Continue reading Buxton v Equinox Design Ltd: EAT 19 Nov 1998
The Tribunal lifted the stay of the claimant’s claim of disability discrimination. Judges: Morison J P Citations: [1998] UKEAT 1004 – 98 – 1911 Links: Bailii Statutes: Disability Discrimination Act 1995 Jurisdiction: England and Wales Cited by: See Also – Kapadia v London Borough of Lambeth EAT 27-May-1999 The claimant appealed against rejection of his … Continue reading Kapadia v London Borough of Lambeth: EAT 19 Nov 1998
EAT DISABILITY DISCRIMINATION: Reasonable adjustments The Employment Tribunal erred in law in failing to properly apply s. 18B of the Disability Discrimination Act 1995 to the evidence and to make the necessary findings of fact about reasonable adjustments: Smiths Detection – Watford Ltd v Berriman (UKEAT/0712/04/CK) and Romec Ltd v Rudham (UKEAT/0069/DA) applies. Judges: Birtles … Continue reading Secretary of State for Work and Pensions (Job Centre Plus) and Others v Wilson: EAT 19 Feb 2010
The court was asked about the differential in retirement ages between men and women in private sector employment, and whether it constituted sex discrimination. Held: Section 2(4) of the 1972 Act did not allow a British Court to distort the meaning of a British Statute in order to enforce a Community Directive which does not … Continue reading Duke v GEC Reliance Systems Limited: HL 2 Jan 1988
IAT A person who cannot meet the requirements of the Immigration Rules is unlikely to be able to show that the decision was contrary to the Disability Discrimination Act 1995 (as amended) by reason of the sponsor’s disability or perhaps at all. Judges: Ockleton DP, O’Malley DIJ Citations: [2008] UKAIT 00026 Links: Bailii Immigration Updated: … Continue reading NM (Disability Discrimination) Iraq: IAT 25 Mar 2008
The employer wanted to appeal against a decision of the Employment Tribunal but was out of time. Rimer LJ said: ‘that dealing with cases justly requires that they be dealt with in accordance with recognised principles. Those principles may have to be adapted on a case by case basis to meet what are perceived to … Continue reading Jurkowska v Hlmad Ltd: CA 19 Mar 2008
EAT The claimant appealed dismissal of his claim under the 1995 Act. He was a telephone operator injured after a sudden shriek in his ear. They had found him not to be disabled within the 1995 Act. Held: The appeal succeeded. The tribunal had carefully considered medical evidence provided by the defendant before deciding themselves … Continue reading Abadeh v British Telecommunications Plc: EAT 19 Oct 2000
Citations: [2005] EWCA Civ 1456 Links: Bailii Statutes: Disability Discrimination Act 1995 Jurisdiction: England and Wales Discrimination Updated: 27 June 2022; Ref: scu.235828
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
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
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
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
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
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
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
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
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
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
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
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
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
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
The Industrial Tribunal had held that the appellant’s dismissal was unfair but then decided that she had failed to mitigate her loss. At the conclusion of the hearing, the Tribunal announced its decision and stated that she was to get no compensatory award because of that failure. Her solicitor said nothing. When he received the … Continue reading Trimble v Supertravel Ltd: EAT 1982
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
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
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
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
Tribunals looking at ‘reasonable adjustment’ cases in disability discrimination are reminded to check the case against the wording of the Act and the published Codes of Practice. Citations: Gazette 03-Feb-1999 Statutes: Disability Discrimination Act 1995 Employment Updated: 10 April 2022; Ref: scu.88785
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
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
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
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
[1999] UKEAT 83 – 99 – 2303 Bailii Disability Discrimination Act 1995 England and Wales Cited by: Cited – Post Office v Jones EAT 9-Feb-2000 . .See Also – Post Office v Jones CA 5-Jun-2001 The employee had become diabetic. Upon his coming to require insulin, the employer undertook a new risk assessment, and restricted … Continue reading Post Office v Jones: EAT 23 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
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
The employee had failed to mention at the hearing of his claim for a redundancy payment a fact which was arguably highly material to the issue of whether his refusal of alternative employment was reasonable; and his claim had been dismissed. He applied for a review. Held: The court was asked whether, and in what … Continue reading Flint v Eastern Electricity Board: EAT 1975
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
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
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
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
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
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
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
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
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
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
Sympathetic construction of national legislation LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC Directive designed to protect companies and third parties from the adverse effects of the doctrine of nullity. … Continue reading Marleasing SA v La Comercial Internacional de Alimentacion SA: ECJ 13 Nov 1990
The claimant asserted unfair dismissal after his contract was changed to provide that his post as head of the history department would be part time. He had been ill, and the head teacher reduced his teaching periods. He accepted the change in writing under protest in order to mitigate his loss. He said that the … Continue reading Hogg v Dover College: EAT 1990
Employment Tribunals to Provide Sufficient Reasons Tribunals, when giving their decisions, are required to do no more than to make clear their findings of fact and to answer any question of law raised. Bingham LJ said: ‘It has on a number of occasions been made plain that the decision of an Industrial Tribunal is not … Continue reading Meek v City of Birmingham District Council: CA 18 Feb 1987
EAT Disability Discrimination : Disability Related DiscriminationThe Respondent employer appealed against the findings of the Employment Tribunal that the Claimant had been subject to disability related discrimination and harassment. The principal ground of appeal was that the ET failed to appreciate the full impact of London Borough of Lewisham (2008) on the need for a … Continue reading The Prince’s Trust v Donelan (Disability Discrimination : Disability Related Discrimination): EAT 14 Mar 2013
EAT Practice and Procedure : Costs – Tribunal orders that Appellant should pay Respondents one-third of their costs (estimated prior to assessment at andpound;260,000) on the basis that the claim was misconceived from the start.Held, dismissing the appeal, that there was no error of law in the Tribunal’s approach – In particular, it was not … Continue reading Vaughan v London Borough of Lewisham and Others (Practice and Procedure : Costs): EAT 6 Jun 2013
EAT DISABILITY DISCRIMINATION – Reasonable adjustments
The Employment Tribunal found that the Respondent was under a duty to make reasonable adjustments to provide one to one counselling for the Claimant’s . .
The employee appealed against the dismissal of his claim for disability discrimination.
Held: The appeal succeeded. A comparator for the treatment of a disabled person who was away from work sick, was the treatment of a non-disabled person who . .
The EAT heard arguments as to whether its decision to remit the case to the Industrial Tribunal was correct.
Held: The matter should be stayed pending the hearing of the matter at the Court of Appeal. . .
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The claimant sought damages after his treatment as a disabled person whilst held in immigration detention centres. The court dismissed his claim on the basis of Amin. Held: The application of the Amin case was too simplistic. The various services provided at the detention centre were only to some extent purely governmental. A disabled person … Continue reading Gichura v Home Office and Another: CA 20 May 2008
Failure to provide programme discriminated The claimant prisoner who had a learning disability said that he had been unable to complete the offending behaviour programmes because of his disability, that he had been kept in prison for much longer than he should have been as a consequence, and that the defendant should have made appropriate … Continue reading Gill, Regina (on The Application of) v Secretary of State for Justice: Admn 26 Feb 2010
Judges: Lord Justice Mummery Potter, Lord Justice Potter Lord Justice Dyson Citations: [2004] EWCA Civ 923 Links: Bailii Statutes: Disability Discrimination Act 1995 5 Jurisdiction: England and Wales Discrimination Updated: 18 November 2022; Ref: scu.198837
The claimant said he had suffered disability discrimination at the hands of the defendant, a barristers set. He had been accepted as a pupil, but then applied for a deferral which was refused. It was agreed that the set of chambers was a trade organisation. Held: In the light of the rights and duties of … Continue reading Higham of 1 Pump Court Chambers v Horton: CA 15 Jul 2004
EAT DISABILITY DISCRIMINATION: Exclusions/jurisdictionsThe Employment Judge did not err in finding that the Appellant, a volunteer worker with the CAB, was not entitled by the DDA to claim disability discrimination. The Government is not in breach of the Framework Directive in this regard, and s4(2)(d) and s68 of the DDA do not fall to be … Continue reading X v Mid Sussex Citizens Advice Bureau and Another: EAT 30 Oct 2009
Judges: Silner J Citations: [2003] EWHC 3045 (Admin) Links: Bailii Statutes: Disability Discrimination Act 1995 Jurisdiction: England and Wales Cited by: Cited – K v The School and the Special Needs and Disability Tribunal CA 6-Mar-2007 The child was subject to the school eventually declined to clean and change him. The mother claimed that the … Continue reading McAuley Catholic High School v CC, PC and another: Admn 11 Dec 2003
EAT PRACTICE AND PROCEDURE Case management Postponement or stay The Employment Tribunal refused to postpone a multi-day hearing in circumstances where the Claimant’s medical evidence indicated that he was genuinely unwell and unfit to attend. There was a history of delay and previous adjournments. Cases relating to decisions on adjournment applications and to the need … Continue reading Beardshall v Rotherham Metropolitan Borough Council and Others: EAT 26 Oct 2012
Judges: Carnwath, Rimer, Jackson LJJ Citations: [2011] EWCA Civ 1577 Links: Bailii Statutes: Disability Discrimination Act 1995 49A Jurisdiction: England and Wales Discrimination Updated: 09 November 2022; Ref: scu.450112
EAT HARASSMENTUNFAIR DISMISSAL – Reasonableness of dismissalHarassment (Disability Discrimination Act 1995, section 3B) and unfair dismissal. Appeal on grounds that Tribunal’s reasoning perverse and/or in disregard of its own findings. Appeal dismissed. Judges: David Richardson J Citations: [2012] UKEAT 0612 – 11 – 2704 Links: Bailii Statutes: Disability Discrimination Act 1995 3B Jurisdiction: England and … Continue reading Prospects for People With Learning Difficulties v Harris: EAT 27 Apr 2012
EAT Deposit ordered. Order lost in post due to the Claimant putting wrong post-code on ET1. Review. Distinguishing Judgments from Orders. Strike-out. Extending time. Judges: His Honour Peter Clark Citations: [2005] UKEAT 0318 – 05 – 2907, UKEAT/0319/05/TM, UKEAT/0318/05/TM, [2005] ICR 1647, UKEAT/0320/05/TM, [2005] IRLR 836 Links: Bailii, EATn Statutes: Employment Tribunal Rules 2004 20(1) … Continue reading Sodexho Ltd v Gibbons: EAT 14 Jul 2005
Challenge to exclusion of student with Aspergers Syndrome after assault on teacher. Citations: [2007] EWHC 763 (Admin) Links: Bailii Statutes: Disability Discrimination Act 1995 Jurisdiction: England and Wales Education, Discrimination Updated: 17 October 2022; Ref: scu.251469
The claimant suffered depression, and complained that the respondent’s reduction in her pay after long periods of sickness was discriminatory. She appealed decisions that it was not. She said that a reasonable adjustment would have been to continue her sick pay unreduced. Held: The claim was unrealistic since it did not recognise the effect of … Continue reading O’Hanlon v Revenue and Customs: CA 30 Mar 2007
EAT JURISDICTIONAL POINTSWorker, employee or neitherAgency relationshipsC was supplied by R2 (an employment agency) through R3 (another employment agency) to R1 (a local authority) for whom she worked as a Senior School Travel Planning Officer, fully integrated in R1’s organisation. C’s contract with R2 was described as a contract for services; it did not require … Continue reading London Borough of Camden v Pegg and Others: EAT 13 Apr 2012
The claimant appealed against decisions rejecting his claims of race and disability discrimination. Judges: Ward, Elias, Jack LJJ Citations: [2012] EWCA Civ 497 Links: Bailii Statutes: Race Relations Act 1975, Disability Discrimination Act 1995 Jurisdiction: England and Wales Discrimination Updated: 07 October 2022; Ref: scu.452900
EAT DISABILITY DISCRIMINATION Disability related discrimination Direct disability discrimination The Employment Tribunal confused the relevant tests for disability discrimination under s.3A of the Disability Discrimination Act 1995 as amended. Case remitted to the Employment Tribunal to consider the issue of disability discrimination in the light of the judgment and London Borough of Lewisham v Malcolm … Continue reading Countrywide Estate Agents (Unlimited) and Another v Rice: EAT 26 Nov 2008
EAT Disability Discrimination – Less Favourable Treatment / Reasonable Adjustments / JustificationThe Claimant was a prison psychologist who developed a depressive illness amounting to a disability within the terms of the 1995 Act following, and at least partly caused by, an episode of bullying at work. After a prolonged sickness absence she was dismissed for … Continue reading HM Prison Service v Johnson: EAT 6 Aug 2007
The claimants, two disabled elderly people acted through their sons as litigation friends to challenge the defendant local authority’s budget-setting and consultation processes in relation to adult social care services.Specifically, the claimants contended that:i) The defendant’s decision to reduce its budget for the division which provides adult social care by andpound;17m over the next two … Continue reading D and S, Regina (on The Application of) v Manchester City Council: Admn 12 Jan 2012
EAT JURISDICTIONAL POINTS Worker, employee or neither Agency relationshipsClaim in time and effective date of termination Extension of time: just and equitable DISABILITY DISCRIMINATION – Reasonable adjustments HARASSMENT – ConductPRACTICE AND PROCEDURE Amendment Case management This is judgment on a preliminary hearing. The appeal had no prospect of success. The Employment Judge considered preliminary issues … Continue reading Czikai v Freemantle Media Ltd and Others: EAT 12 Oct 2011
EAT DISABILITY DISCRIMINATION – Disability related discrimination Judges: Lady Smith J Citations: [2011] UKEAT 0007 – 11 – 0911 Links: Bailii Statutes: Disability Discrimination Act 1995 Jurisdiction: England and Wales Employment, Discrimination Updated: 04 October 2022; Ref: scu.450271
EAT DISABILITY DISCRIMINATION Direct disability discrimination Reasonable adjustments UNFAIR DISMISSAL – Reasonableness of dismissal The Employment Tribunal did not follow earlier CMD orders for the trial of issues and made findings on different issues. It did not address time-bar and justification. Its finding on unfair dismissal was so connected with the failure to deal adequately … Continue reading Veterinary Laboratories Agency v Sandvik: EAT 5 Oct 2011
EAT DISABILITY DISCRIMINATION – Reasonable Adjustments Appellant, who is deaf, employed by the Foreign and Commonwealth Office – FCO declines to post her to Kazakhstan because of the problems, and in particular the cost (about andpound;230,000 p.a.), of providing English-speaking lipspeaker support – Brings claims of direct discrimination under section 3A (5) of the Disability … Continue reading Cordell v Foreign and Commonwealth Office: EAT 5 Oct 2011
Citations: [2006] EWCA Civ 1508 Links: Bailii Statutes: Disability Discrimination Act 1995 Jurisdiction: England and Wales Employment, Discrimination Updated: 17 September 2022; Ref: scu.246004
‘This appeal concerns the application of the Disability Discrimination Act 1995 to the situation where an employer is considering dismissal, or ill health retirement, due to the incapacity of the employee resulting in his or her long-term absence from work either in the past or anticipated for the future.’ Judges: Altman HHJ Citations: [2001] UKEAT … Continue reading FU v London Borough of Camden: EAT 30 Jan 2001
EAT UNFAIR DISMISSAL – Reasonableness of dismissal DISABILITY DISCRIMINATION – Reasonable adjustments Long-serving employee. Multiple grievances against her line managers. Unable to continue working in the same department. Employer willing to provide suitable alternative employment. After long period of negotiations between employer and employee, in order to bring matters to a head, employer gives three … Continue reading South Tyneside Council v Ward: EAT 12 Jul 2011
EAT Jurisdiction – Whether the Tribunal had given sufficient reasons for their finding that the claimant had been disabled. Judges: His Hon Judge Clark Citations: EAT/1043/01, [2002] UKEAT 1043 – 01 – 1510 Links: Bailii, EAT Statutes: Disability Discrimination Act 1995 Jurisdiction: England and Wales Citing: See also – Fyffes Group Ltd v Bazley EAT … Continue reading Fyffes Group Ltd v Bazley: EAT 15 Oct 2002
EAT DISABILITY DISCRIMINATION – Direct disability discriminationDISABILITY DISCRIMINATION – Reasonable adjustmentsUNFAIR DISMISSAL – Constructive dismissalClaimant, working as a debt adviser, suffers from agoraphobia and travel anxiety – Resigns when Respondent refuses to move her to bureau closer to her home on a guaranteed permanent basis – Tribunal dismisses claim under section 3A (2) of Disability … Continue reading Wilcox v Birmingham Cab Services Ltd: EAT 23 Jun 2011
The authority sought to evict their tenant on the ground that he was behaving in a way which was a nuisance to neighbours. The tenant was disabled, and claimed discrimination. Held: In secure tenancies, the authority had to consider the reasonableness of making a possession order, and in situations where it was enforcing a possession … Continue reading Council of the City of Manchester v Romano, Samariz: CA 1 Jul 2004
EAT JURISDICTIONAL POINTS – Worker, employee or neitherAppeal by an Army Cadet Force Adult Instructor from the judgment of an Employment Judge sitting alone that he was a volunteer and not in ’employment’ as defined by s68(1) Disability Discrimination Act 1995 as amended. Appeal dismissed. The Employment Judge was correct as his factual findings were … Continue reading Breakell v West Midlands Reserve Forces’ and Cadets’ Association Named As Shropshire Army Cadet Force: EAT 11 Apr 2011
EAT DISABILITY DISCRIMINATION – Reasonable adjustments PRACTICE AND PROCEDURE – Striking-out/dismissal The Employment Judge erred in striking out the Claimant’s claim. The Claimant, a job applicant, was interviewed about a competency different to that which had been (mistakenly) set out in the advertisement for the post. The Employment Judge correctly proceeded on the basis that … Continue reading Noor v Foreign and Commonwealth Office: EAT 14 Feb 2011
EAT DISABILITY DISCRIMINATION – DisabilityThe Claimant appealed against an Employment Tribunal decision, on a pre-hearing review, that he did not suffer from a disability within the meaning of the DDA 1995. The decision was upheld. The case had turned on the credibility and reliability of the Claimant’s account of his injury and its effects upon … Continue reading Ahmed v Metroline Travel Ltd: EAT 8 Feb 2011
Section 24 of the 1995 Act requires the court ‘(i) to identify the treatment of the disabled person that is alleged to constitute discrimination, (ii) to identify the reason for that treatment, (iii) to determine whether the reason relates to the disabled person’s disability, (iv) to identify the comparators, namely persons to whom that reason … Continue reading Richmond Court (Swansea) Ltd v Williams: CA 14 Dec 2006
Citations: [2002] EWCA Civ 627 Links: Bailii Statutes: Disability Discrimination Act 1995 Jurisdiction: England and Wales Discrimination, Employment Updated: 02 September 2022; Ref: scu.217056
EAT DISABILITY DISCRIMINATION Disability related discrimination Direct disability discrimination An Employment Tribunal failed to focus on the wording of the Disability Discrimination Act 1995 in concluding there had been no reasonable adjustment when the employer failed further to extend the benefits of the sick pay scheme to her, when they were already well beyond that … Continue reading The Royal Bank of Scotland v Ashton: EAT 16 Dec 2010
The court was asked whether the claimant, a volunteer worker with the respondent had the protection of the 1995 Act in that work as a worker, despite nnot being employed. Judges: Rix, Elias, Tomlinson LJJ Citations: [2011] EWCA Civ 28, (2011) 118 BMLR 147, [2011] ICR 460, [2011] 2 CMLR 18, [2011] Eq LR 309, … Continue reading X v Mid Sussex Citizens Advice Bureau and Others: CA 26 Jan 2011
How much detail an Employment Tribunal has to go into when determining what were the reasonable steps which an employer should have taken to perform its duty to a disabled person under section 6 of the Disability Discrimination Act 1995 Citations: [2004] EWCA Civ 1256 Links: Bailii Jurisdiction: England and Wales Discrimination Updated: 31 August … Continue reading Electronic Data Systems Ltd v Travis: CA 26 Aug 2004
EAT The claimant appealed against the dismissal of his application both in respect of allegations of disability discrimination in terms of the Disability Discrimination Act 1995 and unfair dismissal. Judges: Lord Johnston Citations: [2001] UKEAT 43 – 01 – 2808, [2002] Emp LR 24, [2001] IRLR 724 Links: Bailii Statutes: Disability Discrimination Act 1995 Jurisdiction: … Continue reading Callagan v Glasgow City Council: EAT 28 Aug 2001
EAT DISABILITY DISCRIMINATION – Reasonable adjustments Tribunal in finding a failure to make reasonable adjustments under the Disability Discrimination Act 1995 failed to follow the guidance set out in Environment Agency v Rowan [2008] ICR 218. Judges: Ansell J Citations: [2010] UKEAT 0435 – 09 – 1309 Links: Bailii Statutes: Disability Discrimination Act 1995 Jurisdiction: … Continue reading Secretary of State for Work and Pensions v Wakefield: EAT 13 Sep 2010
EAT JURISDICTIONAL POINTS – 2002 Act and pre-action requirements DISABILITY DISCRIMINATION – Reasonable adjustments Claimant incapacitated from driving duties as a result of a seizure – Dismissed – Claim originally pleaded as unfair dismissal – Seeks to amend to claim under Disability Discrimination Act 1995 that dismissal was the result of a failure to make … Continue reading Scottish Opera Ltd v Winning: EAT 9 Jun 2010
EAT DISABILITY DISCRIMINATION – Disability Employment Tribunal decision pre-dated House of Lords decision in SCA Packaging Ltd v Boyle [2009] IRLR 746, disapproving Employment Appeal Tribunal approach in Latchman [2002] ICR 1453 as to meaning of word ‘likely’ in para. 2(2)(b) of Schedule 1 to Disability Discrimination Act 1995. Appeal allowed on Latchman misdirection and … Continue reading Wigginton v Cowie and Others (T/A Baxter International (A Partnership)): EAT 18 Jun 2010
Appeal against dismissal of claim based on claimant’s assertion of disability. Judges: Judge Hand QC Citations: [2009] UKEAT 0322 – 09 – 2310 Links: Bailii Statutes: Disability Discrimination Act 1995 Jurisdiction: England and Wales Employment, Discrimination Updated: 21 August 2022; Ref: scu.421017
