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Gill, Regina (on The Application of) v Secretary of State for Justice: Admn 26 Feb 2010

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

Beardshall v Rotherham Metropolitan Borough Council and Others: EAT 26 Oct 2012

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

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 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

Post Office v Adekeye: CA 13 Nov 1996

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

Sodexho Ltd v Gibbons: EAT 14 Jul 2005

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

Countrywide Estate Agents (Unlimited) and Another v Rice: EAT 26 Nov 2008

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

HM Prison Service v Johnson: EAT 6 Aug 2007

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

Veterinary Laboratories Agency v Sandvik: EAT 5 Oct 2011

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

Cordell v Foreign and Commonwealth Office: 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

Fyffes Group Ltd v Bazley: EAT 15 Oct 2002

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

Richmond Court (Swansea) Ltd v Williams: CA 14 Dec 2006

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

The Royal Bank of Scotland v Ashton: EAT 16 Dec 2010

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

X v Mid Sussex Citizens Advice Bureau and Others: CA 26 Jan 2011

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

Electronic Data Systems Ltd v Travis: CA 26 Aug 2004

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

Peninsula Business Services Ltd v Malik: EAT 26 Jan 2010

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

Sawyer v Secretary of State for the Department of Work and Pensions (Job Centre Plus): EAT 26 Aug 2008

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: [2008] 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

Barton v Investec Henderson Crosthwaite Securities Ltd: EAT 6 Mar 2003

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

NM (Disability Discrimination) Iraq: IAT 25 Mar 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

Hart v Chief Constable of Derbyshire Constabulary: EAT 6 Dec 2007

EAT Disability discrimination – Reasonable adjustmentsThe Tribunal found that the Chief Constable was entitled to terminate the services of a probationary constable who could not successfully complete her probationary period because certain disabilities prevented her from carrying out duties in a confrontational setting. It was not a reasonable adjustment to expect the Chief Constable to … Continue reading Hart v Chief Constable of Derbyshire Constabulary: EAT 6 Dec 2007

Swift v Chief Constable of Wiltshire Constabulary: EAT 25 Nov 2003

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

Hay v Surrey County Council: CA 16 Feb 2007

The claimant had been employed driving a mobile library. She came to suffer back problems, and was dismissed when the respondent said that she could not work within a library without the ability to lift, after she turned down a move to a different department. The EAT had found to be perverse the ET’s conclusion … Continue reading Hay v Surrey County Council: CA 16 Feb 2007

Ekpe v Commissioner of Police of the Metropolis: EAT 25 May 2001

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

Pugh v National Assembly for Wales: EAT 26 Sep 2006

EAT The ET dismissed as premature the Claimant”s application for disability discrimination because the application was made less than 28 days after the Claimant”s grievance had been raised in a letter dated 21st April 2005. In fact there was an earlier letter that constituted a written grievance that was before the ET but its significance … Continue reading Pugh v National Assembly for Wales: EAT 26 Sep 2006

Beales v Secretary of State for Work and Pensions: EAT 18 Sep 2006

EAT The Claimant claimed that she was disabled within the meaning of the Disability Discrimination Act 1995. She claimed she was suffering from carpal tunnel syndrome, which was accepted. She also complained she was suffering from a mental impairment, i.e ‘stress’. Before the Employment Tribunal she failed to adduce any medical evidence beyond certain brief … Continue reading Beales v Secretary of State for Work and Pensions: EAT 18 Sep 2006

Taylor v OCS Group Ltd: CA 31 May 2006

The employer appealed against findings of unfair dismissal and disability discrimination. The employee worked in IT. He was profoundly deaf, but could lip read and read sign language. He had been accused of obtaining improper access to a senior staff member’s emails. During the disciplinary hearing, he had been assisted by an interpreter for part … Continue reading Taylor v OCS Group Ltd: CA 31 May 2006

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 amended when it failed to construct a correct hypothetical comparator for the Claimant who was an HIV+ care worker dismissed because of the risk of transmission to users of the Respondent’s health care facilities. … Continue reading High Quality Lifestyles Ltd v Watts: EAT 10 Apr 2006

Southampton City College v Randall: EAT 22 Sep 2005

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

Smiths Detection – Watford Ltd v Berriman: EAT 9 Aug 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

The Blackpool Fylde and Wyre Society for the Blind v Begg: EAT 31 Mar 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

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

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

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

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

Smith v Churchills Stairlifts Plc: CA 27 Oct 2005

Citations: [2005] EWCA Civ 1220, [2006] ICR 524, [2006] 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

Grimley v Turner and Jarvis Co Ltd: EAT 26 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

Abbey Life Assurance Company Limited v Tansell: CA 6 Apr 2000

Appeal about the scope of protection conferred by the 1995 Act on ‘contract workers’, workers who do work for the alleged discriminator, but not employed by him. They are employed by someone else and their services are contracted out. The case turns on the interpretation of section 12 of the 1995 Act which makes it … Continue reading Abbey Life Assurance Company Limited v Tansell: CA 6 Apr 2000

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

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

Meyers v Adjudication Officer: ECJ 19 Jul 1995

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

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

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

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

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

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

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

Stec and Others v United Kingdom: ECHR 12 Apr 2006

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

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

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

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

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

JP Morgan Europe Ltd v Chweidan: EAT 26 Aug 2010

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

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

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

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

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

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

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

London Borough of Lewisham v Malcolm: HL 25 Jun 2008

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Igen Ltd v Wong: CA 18 Feb 2005

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

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

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

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

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

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

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

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

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

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

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

McDonald, Regina (On the Application of) v London Borough Of Kensington and Chelsea: Admn 5 Mar 2009

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 [2009] 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

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 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

J v DLA Piper UK Llp: EAT 15 Jun 2010

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

Dundee City Council v Malcolm: EAT 25 Jul 2008

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 Prince’s Trust v Donelan (Disability Discrimination : Disability Related Discrimination): EAT 14 Mar 2013

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

Vaughan v London Borough of Lewisham and Others (Practice and Procedure : Costs): EAT 6 Jun 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

Photis v Bruce, v KMC International Search and Selection, The Department of Trade and Industry, KMC International Search and Selection, The Department of Trade and Industry, the Lord Chancellor’s Department: EAT 6 Dec 2001

The case concerned the applicability of the race and disability discrimination law to appointments to statutory offices, particularly as to whether any remedy was provided for infringement. It was suggested that such appointments did not constitute . .

Acts

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

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

Morse v Wiltshire County Council: EAT 1 May 1998

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

X v Mid Sussex Citizens Advice Bureau and Another: EAT 30 Oct 2009

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

McAuley Catholic High School v CC, PC and another: Admn 11 Dec 2003

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

Kapadia v London Borough of Lambeth: EAT 27 May 1999

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

Prospects for People With Learning Difficulties v Harris: EAT 27 Apr 2012

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

O’Hanlon v Revenue and Customs: CA 30 Mar 2007

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

London Borough of Camden v Pegg and Others: EAT 13 Apr 2012

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

Czikai v Freemantle Media Ltd and Others: EAT 12 Oct 2011

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

FU v London Borough of Camden: EAT 30 Jan 2001

‘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

South Tyneside Council v Ward: EAT 12 Jul 2011

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

Wilcox v Birmingham Cab Services Ltd: EAT 23 Jun 2011

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

Council of the City of Manchester v Romano, Samariz: CA 1 Jul 2004

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

Beedles v Guinness Northern Counties Ltd: CA 19 Apr 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

Breakell v West Midlands Reserve Forces’ and Cadets’ Association Named As Shropshire Army Cadet Force: EAT 11 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

Noor v Foreign and Commonwealth Office: EAT 14 Feb 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

Ahmed v Metroline Travel Ltd: EAT 8 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