EAT DISABILITY DISCRIMINATIONDirect disability discriminationDisability related discriminationThe Claimant, who was disabled within the meaning of the Disability Discrimination Act 1995, was employed as a solicitor by the Respondent, the service company of a well know firm of solicitors. Reasonable adjustments were agreed to facilitate the Claimant’s working. These proved satisfactory and enabled the Claimant to … Continue reading Eagle Place Services Ltd and Others v Rudd: EAT 25 Sep 2009
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  … 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:  UKAIT 00026 Links: Bailii Immigration Updated: … Continue reading NM (Disability Discrimination) Iraq: IAT 25 Mar 2008
The EAT upheld the decision of an Employment Tribunal that the claimant had not shown that her disability was likely to recur. However: ‘In considering whether during a particular period in the past, a substantial adverse effect was likely to recur a tribunal is of course entitled to look at the evidence of what occurred … Continue reading Swift v Chief Constable of Wiltshire Constabulary: EAT 25 Nov 2003
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 – DisabilityLangstaff QC R said: ‘The question whether the impact of the impairment is upon normal day-to-day activities is, of course, judged by asking whether or not any of the abilities, capacities, or capabilities (whichever expression is adopted) referred to in Paragraph 4(1) of the Schedule to the 1995 Act has been … Continue reading Ekpe v Commissioner of Police of the Metropolis: EAT 25 May 2001
EAT Disability Discrimination: Reasonable Adjustments and Justification; Unfair Dismissal: Reasonableness of Dismissal The Employment Tribunal is correct in finding that as employer did not regard the employee as disabled and took no steps to consider reasonable adjustments, it was entitled to find that the employer was in breach of sections 5(1) and 5(2) of the … Continue reading Southampton City College v Randall: EAT 22 Sep 2005
EAT The Employment Tribunal was wrong to find that the Respondent had discriminated against the Claimant under Section 6(1) of the Disability Discrimination Act 1995 because it omitted to find what arrangements made by or on behalf of the Respondent, or which physical feature of the Respondent’s premises, placed the Claimant at a substantial disadvantage. … Continue reading Smiths Detection – Watford Ltd v Berriman: EAT 9 Aug 2005
EAT Practice and Procedure -and- Disability DiscriminationAppellant’s application to raise a new point on appeal (that the Law Reform (Contributory Negligence) Act 1945 applies to Disability Discrimination Act 1995 section 8(3) damages) was refused as the Employment Tribunal had already decided, at its liability hearing, to deduct 40% from unfair dismissal compensation and had not … Continue reading The Blackpool Fylde and Wyre Society for the Blind v Begg: EAT 31 Mar 2005
EAT Disability Discrimination – Reasonable adjustments Judges: His Honour Judge Reid QC Citations: UKEAT/0609/04/CK,  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 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
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:  EWCA Civ 133, Times 05-Apr-2005,  IRLR 376 Links: Bailii … Continue reading Williams v J Walter Thompson Group Ltd: CA 17 Feb 2005
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:  EWCA Civ 1456 Links: Bailii Statutes: Disability Discrimination Act 1995 Jurisdiction: England and Wales Discrimination Updated: 27 June 2022; Ref: scu.235828
Citations:  EWCA Civ 1220,  ICR 524,  IRLR 41 Links: Bailii Statutes: Disability Discrimination Act 1995 Jurisdiction: England and Wales Cited by: Cited – High Quality Lifestyles Ltd v Watts EAT 10-Apr-2006 EAT The Employment Tribunal had erred in its construction of direct discrimination under s3A(5) of the Disability Discrimination Act 1995 as … Continue reading Smith v Churchills Stairlifts Plc: CA 27 Oct 2005
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 Council appealed against a finding that the respondent, their employee, was disabled under the 1995 Act. He suffered from a long term mixed anxiety and depression disorder, but the Council disputed that it should have a substantial and long term adverse effect on his ability to carry out normal activities. The expert evidence … Continue reading East Sussex County Council v Hancock: EAT 5 Nov 2003
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,  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:  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:  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 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
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  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
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
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
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
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 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
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
Unrelated Detriment was no Discrimination The tenant had left his flat and sublet it so as to allow the landlord authority an apparently unanswerable claim for possession. The authority appealed a finding that they had to take into account the fact that the tenant was disabled and make reasonable adjustments. Held: The authority’s appeal succeeded. … Continue reading London Borough of Lewisham v Malcolm: HL 25 Jun 2008
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
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
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 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
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
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, a former ballerina, challenged the respondent’s decision limiting the care package provided to her in the form of overnight toileting assistance. She said that the change violated her Article 8 rights Frances Patterson QC J  EWHC 1582 (Admin), (2009) 12 CCL Rep 421 Bailii Disability Discrimination Act 1995, European Convention on Human … Continue reading McDonald, Regina (On the Application of) v London Borough Of Kensington and Chelsea: Admn 5 Mar 2009
The employee had become diabetic. Upon his coming to require insulin, the employer undertook a new risk assessment, and restricted his duties as a driver. He claimed disability discrimination. At the tribunal, both employer and employee brought medical evidence. Held: The employer’s duties under the Act had to be seen in the context of the … Continue reading Post Office v Jones: CA 5 Jun 2001
EAT DISABILITY DISCRIMINATION – DisabilityJob offer to Claimant withdrawn allegedly as a result of her disclosing a history of depression – On a preliminary issue Tribunal holds that at the material time (June 2008) Claimant not suffering from ‘clinical depression’ amounting to a disability within the meaning of the Disability Discrimination Act 1995.Appeal allowed, and … Continue reading J v DLA Piper UK Llp: EAT 15 Jun 2010
EAT SEX DISCRIMINATION: Vicarious liability Sexual harassment claim by an employee of an education authority. Circumstances in which tribunal had misdirected itself as to its own prior judgment and erred in continuing the claim straight to a remedies hearing when an issue of time bar, and, depending on the resolution of that issue, an issue … Continue reading Dundee City Council v Malcolm: EAT 25 Jul 2008
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 . .
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 . .
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 . .
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 . .
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 . .
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. . .
Challenge to exclusion of student with Aspergers Syndrome after assault on teacher. . .
The claimant appealed against decisions rejecting his claims of race and disability discrimination. . .
EAT DISABILITY DISCRIMINATION
Direct disability discrimination
UNFAIR DISMISSAL – Reasonableness of dismissal
The Employment Tribunal did not follow earlier CMD . .
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 . .
EAT Jurisdiction – Whether the Tribunal had given sufficient reasons for their finding that the claimant had been disabled. . .
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 . .
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, . .
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 . .
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 . .
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
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
EAT PRACTICE AND PROCEDURE Appellate jurisdiction / reasons / Burns-Barke DISABILITY DISCRIMINATION Inadequacy of reasons for Employment Tribunal findings in relation to s4(1) and (2) Disability Discrimination Act 1995. Observations on use of the Burns-Barke procedure. Late taking of new point on jurisdiction not permitted. Appeal allowed; case remitted for re-hearing by fresh Employment Tribunal. … Continue reading Peninsula Business Services Ltd v Malik: EAT 26 Jan 2010
The school appealed against a finding that it had discriminated against N, a pupil with ADHD in effecting certain fixed term exclusions on a number of occasions. Judges: Michael Supperstone QC Citations:  EWHC 389 (Admin),  ELR 243 Links: Bailii Statutes: Disability Discrimination Act 1995 Jurisdiction: England and Wales Education, Discrimination Updated: 07 August … Continue reading X School v SP and Another: Admn 3 Mar 2008
EAT UNFAIR DISMISSALConstructive dismissalDISABILITY DISCRIMINATIONCompensationIn a claim for constructive unfair dismissal where the last straw doctrine was not relied on, the Employment Tribunal was entitled to hold that the Claimant’s reason for resignation 12 weeks after the relevant breach was not that breach.The Employment Tribunal did not err when it placed the injury to feelings … Continue reading Da’Bell v National Society for Prevention of Cruelty To Children: EAT 28 Sep 2009
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 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
EAT DISABILITY DISCRIMINATION: Reasonable adjustmentsThe Claimant suffered from plantar fasciitis and asthma. The Tribunal found disability discrimination in that the employer had failed to make reasonable adjustments in that (1) it did not discount a period of absence caused by plantar fasciitis in 2005 (at a time when neither party realised that the Claimant’s foot … Continue reading Royal Mail Group Ltd v Hunkin: EAT 27 Jul 2009
The relevant date for determining whether discrimination exists is the date of the alleged discrimination. Judges: Lord Johnston Citations:  UKEAT 645 – 00 – 0111,  ICR 729 Links: Bailii Statutes: Disability Discrimination Act 1995 Jurisdiction: England and Wales Cited by: See Also – Cruickshank v VAW Motorcast Ltd EAT 25-Oct-2001 The point of … Continue reading Cruickshank v VAW Motorcast Ltd: EAT 1 Nov 2000
EAT DISABILITY DISCRIMINATION: Disability PRACTICE AND PROCEDURE: Striking-out/dismissal The Employment Judge correctly struck out the Claimant’s case as it was not reasonably arguable, on the evidence at a PHR, that the Claimant’s intolerance to temperatures below 27C was a disability within the DDA 1995. Citations:  UKEAT 0133 – 08 – 2608 Links: Bailii Employment … Continue reading Sawyer v Secretary of State for the Department of Work and Pensions (Job Centre Plus): EAT 26 Aug 2008
ECJ Social policy – Directive 2000/78/EC – Equal treatment in employment and occupation – Articles 1, 2(1), (2)(a) and (3) and 3(1)(c) – Direct discrimination on grounds of disability – Harassment related to disability – Dismissal of an employee who is not himself disabled but whose child is disabled – Included – Burden of proof. … Continue reading S. Coleman v Attridge Law, Steve Law: ECJ 17 Jul 2008
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
EAT JURISDICTIONAL POINTS: Claim in time and effective date of terminationHaving correctly held that three of the Claimant’s four DDA claims were out of time, parity of reasoning made the fourth out of time as well, there being no continuing act for the Claimant to rely on. Judgment set aside. Judges: McMullen QC J Citations: … Continue reading Kingston Upon Hull City Council v Matuszowicz: EAT 28 Jan 2008
EAT Sex Discrimination – Inferring DiscriminationThe claimant sought compenstion for sex discrimination. She appealed a finding of a material factor justifying the difference in pay. Held: The new provisions included reference to the Code of Practice issued by the Equal Opportunities Commission, which provided that the employer should provide a transparent system for setting pay … Continue reading Barton v Investec Henderson Crosthwaite Securities Ltd: EAT 6 Mar 2003
Citations:  NIIT 3972 – 03IT Links: Bailii Statutes: Disability Discrimination Act 1995 Citing: Cited – London Borough of Waltham Forest v Omilaju CA 11-Nov-2004 Final Straw Act – Non-TrivialThe claimant had been involved in protracted disputes with the respondent. The respondent appealed a finding of constructive dismissal and victimisation. He had attended a tribunal … Continue reading Black v Ballyrobert Ltd: NIIT 21 Mar 2008
EAT DISABILITY DISCRIMINATION TRADE UNION RIGHTSWhere the ET relied, crucially on material in coming to its decision which did not form part of the explicitly pleaded case with which the appellant’s relevant witness had not been given the opportunity in evidence to deal, the conclusions of the ET could not stand and the matter had … Continue reading Bascetta v Abbey National Plc: EAT 20 Feb 2009
EAT DISABILITY DISCRIMINATIONThe EAT held that there were arguable errors in the ET’s approach to the factual questions raised by sections 5 and 6 of the Disability Discrimination Act 1995 before their repeal. Judges: Keith J Citations:  UKEAT 0370 – 07 – 3011 Links: Bailii Employment, Discrimination Updated: 14 July 2022; Ref: scu.266652
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
The court considered the relationship between the two Acts. The assured tenant had fallen into arrears, and was subject to an order for possession. He claimed that his disability required the court not to make an order for possession against her, and that arrears of payable housing benefits would clear the debt. Held: The appeal … Continue reading S v Floyd, Equality and Human Rights Commission: CA 18 Mar 2008