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
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
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 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
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 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
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
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
Acting on guidance, the parties representatives and the tribunal had assumed that part of the award relating to loss of future earnings would not be taxable. The question now was whether the tribunal had power of its own motion to review its decision. Held: ‘There is a difference between saying that a case to which … Continue reading Williams v Ferrosan Ltd: EAT 5 Mar 2004
The case of Malcolm has overruled Novacold. Toulson LJ said: ‘In Malcolm the House of Lords was concerned with the construction of the same phrase in Part III of the Act. It overruled the decision in Clark v Novacold and held that the proper comparator was someone who had behaved in the same way as … Continue reading N, Regina (on the Application of) v London Borough of Barking and Dagenham Independent Appeal Panel: CA 24 Feb 2009
The claimant renewed her application for leave to appeal. She had been a probationary constable, but after various injuries came to suffer disability, preventing her being able to carry out the routine activities of as constable, and her employment had been terminated. The tribunal, having found her to be disabled, found also that the discrimination … Continue reading Hart v Chief Constable of Derbyshire Constabulary: CA 24 Jun 2008
EAT UNFAIR DISMISSAL: Constructive dismissal The Employment Tribunal held the employee had not been constructively dismissed. One of the complaints related to defects in the handling of the grievance procedure. The Tribunal held that they considered that the employers had acted unreasonably, but that applying the principle adopted in Abbey National plc v Fairbrother [2007] … Continue reading Claridge v Daler Rowney Ltd: EAT 4 Jul 2008
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
EAT Disability Discrimination – Reasonable adjustmentsWhere a Claimant submits a grievance relating to a continuing discriminatory act, s32 Employment Act 2002, and Schedule 2 para 6 do not require him to serve a further grievance in respect of the same continuing act. The Employment Tribunal was also in error in failing to hold that the … Continue reading Smith v Network Rail Infrastructure Ltd: EAT 24 Apr 2007
EAT Disability Discrimination – Reasonable adjustments Judges: His Honour Judge Reid QC Citations: UKEAT/0609/04/CK, [2005] UKEAT 0609 – 04 – 0402 Links: Bailii, EAT Statutes: Disability Discrimination Act 1995 Jurisdiction: England and Wales Discrimination, Employment Updated: 29 June 2022; Ref: scu.224119
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
Citations: [2005] EWCA Civ 1456 Links: Bailii Statutes: Disability Discrimination Act 1995 Jurisdiction: England and Wales Discrimination Updated: 27 June 2022; Ref: scu.235828
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
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
EAT Disability Discrimination: meaning of disability The combination of Section 1 of, and Schedule 1 paragraph 8 to, of the Disability Discrimination Act 1995 means that if the Appellant has a progressive condition, and has an insubstantial impairment for 12 months, and a further substantial impairment, he is not required to prove the latter is … Continue reading Grimley v Turner and Jarvis Co Ltd: EAT 26 Mar 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
EAT The claimant had presented claims of sex and disability discrimination and victimisation. She suffered injury to her throat when builders demolished a wall near her workstation. Held: The employer’s appeal was dismissed. ‘There must be many cases in which the disabled person has been placed at a substantial disadvantage in the workplace, but in … Continue reading Mid-Staffordshire General Hospitals NHS Trust v Cambridge: EAT 4 Mar 2003
EAT Disability Discrimination – Disability Judges: The Honourable Mr Justice Burton Citations: EAT/0702/00, [2002] UKEAT 702 – 00 – 0402 Links: Bailii, EAT Statutes: Disability Discrimination Act 1995 Jurisdiction: England and Wales Citing: See Also – Woodrup v Southwark EAT 9-Nov-2000 . . Cited by: Cited – J v DLA Piper UK Llp EAT 15-Jun-2010 … Continue reading Woodrup v London Borough of Southwark: EAT 4 Feb 2002
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
Citations: [2014] EWCA Civ 734 Links: Bailii Statutes: Disability Discrimination Act 1995 Jurisdiction: England and Wales Employment, Discrimination Updated: 05 June 2022; Ref: scu.526421
Judges: Lord Justice Keene Lord Justice Brooke Lord Justice Parker Citations: [2004] EWCA Civ 1751 Statutes: Disability Discrimination Act 1995 Jurisdiction: England and Wales Discrimination Updated: 05 June 2022; Ref: scu.221726
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
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
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
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
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
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
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 claimant a wheelchair user had been unable to travel on a bus when a mother had left her sleeping child in a pushchair. The mother said she was unable to fold down the pushchair, and would not move the child. The claimant said that the driver should have had instructions to insist on this, … Continue reading Firstgroup Plc v Paulley: CA 8 Dec 2014
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
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
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 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
roberts_nwasEAT2012 EAT DISABILITY DISCRIMINATION – Reasonable adjustmentsThe Tribunal misapplied section 4A of the Disability Discrimination Act 1995 by holding that the provision, criterion or practice in question was not applied to the Claimant, and therefore that no duty was owed to him under section 4A. The Tribunal should have followed the statutory wording and asked … Continue reading Roberts v North West Ambulance Service: EAT 24 Jan 2011
The claimant was a teacher who had come to suffer a sight disability. She complained that her employers had failed to make reasonable accomodation for her disability, and subsequently she resigned claiming constructive dismissal and damages for discrimination. The employer contended that she had not been dismissed within the section. Held: There had been conflicting … Continue reading Nottinghamshire County Council v Meikle: CA 8 Jul 2004
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 . .
EAT Sex discrimination claim by former partners against the partnership and individual partners: direct discrimination (in both cases) and indirect discrimination (in one) found by ET.
(i) ET must, if . .
The court considered the meaning of the ‘duty to provide a reasonable alternative method’.
Held: The policy of the 1995 Act was to provide access to a service as close as it was reasonable possible to get to the standard offered to the public . .
The claimant was employed as a street sweeper. She suffered injury to her health making it difficult to do her work. She was dismissed, and claimed that being disabled, the employer had not made reasonable adjustments to find alternative work for . .
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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
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: 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 DISABILITY DISCRIMINATIONReasonable adjustmentsSection 4A(1) and (3) of the Disability Discrimination Act 1995.The Tribunal found that employer had failed to make a reasonable adjustment when it gave the Claimant a 12 month written warning for leaving work early without asking for or obtaining permission. On appeal, the Employment Appeal Tribunal held: no basis in fact … Continue reading Secretary of State for the Department for Work and Pensions v Alam: EAT 9 Nov 2009
The applicants sought to challenge a decision by the authority to charge for various home care services provided to the disabled applicants. They alleged that the charges were discriminatory. Held: Officials reporting to or advising Ministers/other public authority decision makers, on matters material to the discharge of the duty, must not merely tell the Minister/decision … Continue reading Domb and Others, Regina (On the Application of) v London Borough of Hammersmith and Fulham and Another: CA 8 Sep 2009
The employee developed a series of headaches. He was off work for many weeks, and the company cut his sick pay. He claimed disability discrimination. The company claimed he was not being paid because he was not at work, the company having exercised its discretion to stop payment of sick pay generally. The correct question … Continue reading London Clubs Management Ltd v Hood: EAT 18 Sep 2001
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
The question under section 49A is whether the relevant public body has in substance incorporated the thought processes required. Citations: [2009] EWHC 688 (Admin) Links: Bailii Statutes: Disability Discrimination Act 1995 49A Jurisdiction: England and Wales Cited by: Cited – Gill, Regina (on The Application of) v Secretary of State for Justice Admn 26-Feb-2010 Failure … Continue reading AM, Regina (on The Application of) v The City Council and Another: Admn 2 Mar 2009
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
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
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
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
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
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
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
The claimant sought judicial review of the defendant’s decision to discontinue a prosecution, saying that the respondent had failed to consider his duties under the 1995 Act. The prosecution had been discontinued for the victim’s mental instability and quality as a witness. Held: The conclusion drawn by the defendant did not follow from the medical … Continue reading B, Regina (on the Application of) v Director of Public Prosecutions and Another: Admn 27 Jan 2009
Blake J endorsed a six step approach which a public authority will need to address in relation to its duty to make adjustments to avoid indirectly discriminating: ‘1. Did the [public authority] have a practice policy or procedure?
2. Did that . .
The claimants complained that in making their decisions about future provision of care services to them, the authorities had failed to give appropriate recognition of their needs and rights. The authorities had referred to these.
Held: The . .
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
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
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
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
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
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
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 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
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 – 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
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
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
