Citations: [2002] EWCA Civ 627 Links: Bailii Statutes: Disability Discrimination Act 1995 Jurisdiction: England and Wales Discrimination, Employment Updated: 02 September 2022; Ref: scu.217056
EAT 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
Citations: [2002] EWCA Civ 1716 Links: Bailii Statutes: Disability Discrimination Act 1995 Jurisdiction: England and Wales Employment, Discrimination Updated: 18 August 2022; Ref: scu.441311
Where a tribunal had found unfair dismissal and was considering an award of damages for injury to feelings under the Disability Discrimination Act, it had to recognise the different needs of unlimited awards, and take great care in assessing factual materials.Morison J said: ‘What one might describe as the relatively brief and informal hearing on … Continue reading Buxton v Equinox Design Ltd: EAT 19 Nov 1998
The Tribunal lifted the stay of the claimant’s claim of disability discrimination. Judges: Morison J P Citations: [1998] UKEAT 1004 – 98 – 1911 Links: Bailii Statutes: Disability Discrimination Act 1995 Jurisdiction: England and Wales Cited by: See Also – Kapadia v London Borough of Lambeth EAT 27-May-1999 The claimant appealed against rejection of his … Continue reading Kapadia v London Borough of Lambeth: EAT 19 Nov 1998
EAT DISABILITY DISCRIMINATION: Reasonable adjustments The Employment Tribunal erred in law in failing to properly apply s. 18B of the Disability Discrimination Act 1995 to the evidence and to make the necessary findings of fact about reasonable adjustments: Smiths Detection – Watford Ltd v Berriman (UKEAT/0712/04/CK) and Romec Ltd v Rudham (UKEAT/0069/DA) applies. Judges: Birtles … Continue reading Secretary of State for Work and Pensions (Job Centre Plus) and Others v Wilson: EAT 19 Feb 2010
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: [2000] UKEAT 645 – 00 – 0111, [2002] 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
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
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
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
Citations: [2008] 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 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: [2007] 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
EAT Disability Discrimination – disabilityThe Claimant suffered a dislocation of her left knee cap on two occasions. She was a person who had an increased risk of dislocation of the patella. Between the first and second dislocations she made a complete recovery. Held: the Employment Tribunal was entitled to find the impairment continued though there … Continue reading British Gas Trading Limited v Scott: EAT 23 Jan 2008
EAT Disability discrimination – Reasonable adjustments/Justification1. The employers appealed against two findings by the Tribunal that they had failed to make reasonable adjustments for her disability and against the finding that their admittedly disability-related dismissal of the employee was not justified.2. The first adjustment which the Tribunal concluded the employers ought to have made and … Continue reading London Borough of Camden v Price-Job: EAT 18 Dec 2007
The employer appealed an order extending the time for the claimant to claim disability discrimination. The claimant had been suspended pending disciplinary proceedings, but became subject to severe depression, and his doctors said he was unfit to face a hearing. An adjourned hearing went ahead in his absence, and he was dismissed in January 2005. … Continue reading Department of Constitutional Affairs v Jones: CA 18 Jul 2007
EAT PART TIME WORKERSA police officer was found by the Tribunal to be significantly disadvantaged compared with his peers when carrying out examinations for promotion. Nonetheless, the Tribunal held that he was not disabled within the meaning of the Disability Discrimination Act 1995 because that was not a normal day-to-day activity. In so far as … Continue reading Paterson v Commissioner of Police of the Metropolis: EAT 23 Jul 2007
EAT The claimant appealed dismissal of his claim under the 1995 Act. He was a telephone operator injured after a sudden shriek in his ear. They had found him not to be disabled within the 1995 Act. Held: The appeal succeeded. The tribunal had carefully considered medical evidence provided by the defendant before deciding themselves … Continue reading Abadeh v British Telecommunications Plc: EAT 19 Oct 2000
EAT Unfair dismissal – Reinstatement/re-engagementPractice and Procedure – Adequacy of ReasonsClaimant was a radiographer who became unable to do clinical work as a result of illness and was made redundant – Tribunal held that she was unfairly dismissed because of lack of consultation about alternatives and that she had suffered disability discrimination because it would … Continue reading Great Ormond Street Hospital for Children NHS Trust v Patel: EAT 22 Jun 2007
EAT Practice and Procedure – 2002 Act and Pre-action Requirements Unfair Dismissal – Constructive Dismissal On 14 October 2004 the Claimant claimed constructive unfair dismissal arising out of four acts of the Respondent. No grievance pursuant to the 2004 Regulations had been presented. The Employment Tribunal allowed the case to proceed at a pre-hearing review … Continue reading Cyprus Airways Ltd v Lambrou: EAT 1 May 2007
EAT The Appellant is a qualifying body, subject to section 14 of the Disability Discrimination Act. The Tribunal found that it had failed to make a reasonable adjustment in the arrangements it made for sitting an examination. In so doing the Tribunal misdirected itself on certain aspects of law. However, the EAT held that these … Continue reading Project Management Institute v Latif: EAT 10 May 2007
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
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
The applicant appealed a decision that she did not suffer an impairment within the Act. The test applied was correct, namely whether the applicant had a mental impairment did substantially affect her normal day-to-day activities. The tribunal had made a careful examination of the evidence, and found some at least of the applicant’s evidence not … Continue reading Daly v Monsoon Accessorize: EAT 30 Aug 2001
The EAT gave guidance on the approach to be adopted in cases where a mental impairment is alleged by a complainant. After referring to paragraph 1 of Schedule 1 of the Act: ‘Accordingly, in general there will be three or possibly four routes to establishing the existence of ‘mental impairment’ within the [1995 Act], namely: … Continue reading Morgan v Staffordshire University: EAT 11 Dec 2001
The chambers appealed a finding of discrimination, saying that a pupil was not a member of the set so as to qualify under the Act. Held: The barristers set or chambers was a trade organisation, but the position of a pupil barrister was not that of a member of that chambers so as to attract … Continue reading 1 Pump Court Chambers v Horton: EAT 2 Dec 2003
EAT Disability Discrimination – Disability Judges: The Honourable Mr Justice Hooper Citations: EAT/703/99, [2001] UKEAT 703 – 99 – 3004 Links: Bailii, EAT Jurisdiction: England and Wales Citing: Cited – Owusu v London Fire and Civil Defence Authority EAT 1-Mar-1995 The employee complained of his employer’s repeated failure to regrade him, and alleged discrimination. The … Continue reading P Lee v Lancashire County Council: EAT 30 Apr 2001
Simon Brown LJ said: ‘As will readily be seen, it provides (perhaps rather surprisingly) that someone is to be treated as disabled even though they are not in fact disabled (even, that is, where they suffer no substantial adverse effect on their ability to carry out normal day-to-day activities) if, without the medical treatment they … Continue reading D Woodrup v London Borough of Southwark: CA 2003
EAT The appellant who was disabled was dismissed after a long absence from work. He made various claims under the Disability Discrimination Act 1995, all of which were rejected. He contended that the failure to make an assessment of a disabled employee was a failure to make a reasonable adjustment and that Tarbuck v Sainsbury’s … Continue reading Spence v Intype Libra Ltd: EAT 27 Apr 2007
A medical report in a disability discrimination claim should deal with the doctor’s diagnosis of the impairments, the doctor’s observation of the applicant carrying out day to day activities and the ease with which he was able to perform those functions, together with any relevant opinion as to prognosis and the effect of medication. Morison … Continue reading Vicary v British Telecommunications Plc: EAT 19 Feb 1998
The tribunal considered a disability discrimination appeal. Held: ‘In our judgment the tribunal fell into error by considering the question of disability only as at the date of the alleged discriminatory act. We are quite satisfied, as the Guidance makes clear, that the tribunal should consider the adverse effects of the applicant’s condition up to … Continue reading Greenwood v British Airways Plc: EAT 17 Jun 1999
Appeal from rejection of claim for constructive unfair dismissal and of discrimination. Judges: Timothy Brennan QC Rec Citations: [2002] UKEAT 0071 – 02 – 1812 Links: Bailii Statutes: Disability Discrimination Act 1995 Jurisdiction: England and Wales Citing: Cited – Ministry of Defence v Jeremiah CA 1980 The court considered the meaning of ‘detriment’ in discrimination … Continue reading Turner v Scope (A Registered Charity): EAT 18 Dec 2002
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 claimant appealed against dismissal of her unfair dismissal and of her maternity related discrimination claim. Held: The appeal succeeded: ‘it does not appear that the tribunal gave any separate consideration to whether the pregnancy was an effective cause of the adverse treatment of Mrs Gbokoyi and, insofar as it relied on the reasons which … Continue reading Gbokoyi v Bennett’s Eco-Inverter (Environmental Services) Ltd: EAT 18 Jan 2002
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
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
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 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
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
The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in each case were whether the benefit affected a ‘possession’ within the Convention or the discrimination was arbitrary so as to breach the applicants human rights. Held: … Continue reading Carson and Reynolds v Secretary of State for Work and Pensions: CA 17 Jun 2003
EAT The tribunal asked whether the claimant was disabled within the Act. He suffered depression, but the tribunal had found it not substantial and not capable of lasting more than 12 months. EAT Disability Discrimination – Disability. Judges: The Honourable Lord Johnston Citations: EATS/0016/02, [2002] UKEAT 0016 – 02 – 2011 Links: Bailii, EAT Statutes: … Continue reading Douglas McFarlane v Shell (UK) Ltd: EAT 20 Nov 2002
EAT Unfair Dismissal – OtherThe employer appealed a finding of unfair dismissal and disability discrimination. She suffered an apparently minor injury, but which led to long standing disability with varying diagnoses. The company doctor came to consider it would be a long time before she could return. She was dismissed for capability. Held: There was … Continue reading Gate Gourmet v J B Jangra: EAT 12 Dec 2000
EAT Disability Discrimination – Disability EAT Disability Discrimination – Disability. Judges: The Honourable Mr Justice Lindsay (P) Citations: EAT/1116/00, [2002] UKEAT 1116 – 00 – 2502, [2002] ICR 971 Links: Bailii, EATn Statutes: Disability Discrimination Act 1995 Citing: See Also – Rowden v Dutton Gregory Solicitors EAT 1-Mar-2001 Disability Discrimination – Disability. . . Cited … Continue reading Rowden v Dutton Gregory Solictors: EAT 17 Dec 2001
EAT The EAT considered the expression ‘likely to last’ in paragraph 2(1)(b) of the Act, and stated: ‘It is always tempting to accord, and is often appropriate, when it is charged with finding out what at some earlier date the future would then have seem to hold, to have regard to what the future in … Continue reading Latchman v Reed Business Information Ltd: EAT 7 Dec 2001
EAT The employer appealed against a finding of unfair dsmissal and unlawful disability discrimination. He claimant suffered post traumatic stress after a fire at the appellant’s premises, and the employer was advised to remove him from safety critical positions. They made attempts to find alternate work, but the claimant said the attempts were inadequate, and … Continue reading Conoco Ltd v Kevan Booth: EAT 30 Jan 2001
The claimant challenged refusal of his claim of discrimination. He was profoundly deaf. He applied for work, and indicated his disability, but no provision was made for a signer to appear at the interview. The interview was re-arranged, but he failed. Held: The tribunal gave reasons for finding that the disability had played no part … Continue reading Murphy v Sheffield Hallam University: EAT 11 Jan 2000
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
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
Citations: [1999] EWHC Admin 371 Links: Bailii Statutes: Disability Discrimination Act 1995 20 Cited by: Appeal from – Regina v Powys County Council, Ex Parte Hambidge (No 2) CA 16-Mar-2000 Where a local authority raised the care charges for facilities and services provided to disabled people charging different rates according to the benefits received, and … Continue reading Regina v Powys County Council, ex parte Jenny Diane Hambidge: Admn 28 Apr 1999
The court considered a reference to the European Court on assumed facts where the domestic court had not yet established those facts. Europa In the present state of Community law, characterized by the absence of harmonization of the patents legislation of the Member States, and in the absence of international conventions in force providing to … Continue reading Thetford Corporation And Others v Fiamma Spa And Others: ECJ 30 Jun 1988
The Tribunal was not wrong to find disability discrimination where an employee was selected for redundancy drawing inferences from events which had occurred before the Act came into force. No need in this law for comparison with treatment of comparitors. Citations: Gazette 03-Feb-1999, [1998] IRLR 624 Statutes: Disability Discrimination Act 1995 Employment, Discrimination Updated: 18 … Continue reading British Sugar Plc v Kirker: EAT 3 Feb 1999
An airline pilot complained that he had been unfairly dismissed and the Industrial Tribunal, without considering whether or not they had jurisdiction to hear the complaint on the ground that the employee might ordinarily work abroad, found that the dismissal was unfair. The case had been listed before the Industrial Tribunal upon the jurisdictional question … Continue reading British Midland Airways Limited v Lewis: EAT 1978
Judges: Ward, M oore-Bick, Elias LJJ Citations: [2011] EWCA Civ 648 Links: Bailii Statutes: Disability Discrimination Act 1995 Jurisdiction: England and Wales Discrimination Updated: 11 May 2022; Ref: scu.440221
The tenant was guilty of nuisance, but her misbehaviour was attributable to her psychotic state – her ‘disability’ within the 1995 Act. Held: Though a very pertinent factor to be taken into account may be a housing authority’s obligations to other tenants on a housing estate and the interests of those other tenants, though the … Continue reading North Devon Homes Housing Association v Brazier: QBD 2003
A coalmine owner claimed statutory compensation against a water undertaking which had, under its statutory authority, prevented him mining his coal over a period during which the price of coal had risen. The House was asked whether the coal should be valued as at the beginning of the period or at its value during the … Continue reading Bwllfa and Merthyr Dare Steam Collieries (1891) Ltd v Pontypridd Waterworks Co: HL 1903
The claimant sought damages for repudiation of a charterparty. The charterpary had been intended to continue until 2005. The charterer repudiated the contract and that repudiation was accepted, but before the arbitrator could set his award, the Iraq war broke out, under which the charterer could have terminated the charter as of right. The defendant … Continue reading Golden Strait Corporation v Nippon Yusen Kubishka Kaisha (‘The Golden Victory’): HL 28 Mar 2007
The claimant suffered asymptotic prostate cancer, but after a prostatectomy, had suffered urinary incontinence. He appealed a finding of the tribunal and EAT that his condition was not a disability within the Act. Held: The Schedule enlarged upon the definition of disability to give statutory protection to those with progressive conditions. The urinary incontinece was … Continue reading D H Kirton v Tetrosyl Limited: CA 10 Apr 2003
A company took on employees through an employment agency. The contract of employment was between the agency and the worker who was supplied to the company by the agency. It was the company which had relationship of principal to the worker, and so was responsible for compliance with the Disability Discrimination Act. The absence of … Continue reading MHC Consulting Services Ltd v Tansell: CA 19 Apr 2000
A possession order had been obtained by the local authority, but the tenant later produced evidence that she was a diabetic dyslexic. Croydon did not at first enforce the possession order, until the arrears of rent began to increase again. The tenant applied for a stay of the warrant of execution. Held: The second application … Continue reading Wright v Croydon London Borough Council: 2007
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
Both cases questioned the extent, as a disability, of functional or psychological ‘overlay’, where there may be no medical condition underlying the symptoms which the employee claims to be present. Neither claimant had asserted any psychological disability. The employees appealed a refusal that they be considered to suffer a disability. ‘Impairment’, has to mean some … Continue reading Rugamel v Sony Music Entertainment UK Ltd; McNicol v Balfour Beatty Rail Maintenance Ltd: EAT 28 Aug 2001
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
Miss Cox claimed that the Council had not made a proper adjustment so as to allow her to work for them despite her disability. The Council asserted as a preliminary point that they were not a trade organisation within the sections, and so were not caught by the provisions. They appealed a finding against them. … Continue reading General Medical Council v H Cox: EAT 22 Mar 2002
The withdrawal of a job offer to a man with cerebral palsy was not disability discrimination, where it was because of the difficulty of making the arrangements necessary to put the applicant in a position to do the work as opposed to pure work related issues. Citations: Times 22-Oct-1998, Gazette 11-Nov-1998 Statutes: Disability Discrimination Act … Continue reading Kenny v Hampshire Constabulary: EAT 22 Oct 1998
The claimant challenged the failure of the defendant to list its drug strontium ranelate for prescription within the UK. They said that NICE failed to act fairly and with transparency by their failure to supply or disclose to Servier and the other consultees the economic model and underlying data upon which the conclusions of NICE … Continue reading Servier Laboratories Ltd, Regina (on the Application of) v National Institute for Health and Clinical Excellence and others: Admn 19 Feb 2009
The plaintiff complained that the respondent had described its drink ‘Babycham’ as a champagne perry, which it said was a misuse of the appellation ‘champagne’. Held: The court considered the effect of European legislation on the law of England and Wales. Lord Denning MR said: ‘But when we come to matters with a European element, … Continue reading Bulmer (HP) Ltd v Bollinger SA: CA 1974
Rehearing/Review – Little Difference on Appeal The appellant asked the Court to reverse a decision on the facts reached in the lower court. Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. Tanfern was limited to appeals from … Continue reading Assicurazioni Generali Spa v Arab Insurance Group (BSC): CA 13 Nov 2002
Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011
EAT RACE DISCRIMINATION – Direct discriminationDISABILITY DISCRIMINATION – DisabilityDISABILITY DISCRIMINATION – Reasonable AdjustmentsC, who is black, was employed by RBS. He raised a complaint against his manager (T). The manager to whom he complained (A) suggested, without any foundation in anything that C had said, that C was alleging a racial motivation on the part … Continue reading Royal Bank of Scotland Plc v Morris: EAT 12 Mar 2012
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
The appellant challenged refusal of his claim for unfair dismissal. A probation officer, he had business interests in fire breathing and bondage merchandising which the service said were incompatible with his duties, and dismissed him. He complained that this infringed his right to freedom of expression. Held: A public authority had to respect an employee’s … Continue reading Pay v Lancashire Probation Service: EAT 29 Oct 2003
The claimant had said that the effect of her dyslexia was to inhibit her career progress. Held:It was right for a tribunal to have regard to how an applicant could carry out duties at work in deciding whether she was within the Disability Discrimination Act. Evidence of how the claimant carries out normal day-to-day activities … Continue reading Law Hospitals NHS Trust v Rush: SCS 13 Jun 2001
[1999] UKEAT 83 – 99 – 2303 Bailii Disability Discrimination Act 1995 England and Wales Cited by: Cited – Post Office v Jones EAT 9-Feb-2000 . .See Also – Post Office v Jones CA 5-Jun-2001 The employee had become diabetic. Upon his coming to require insulin, the employer undertook a new risk assessment, and restricted … Continue reading Post Office v Jones: EAT 23 Mar 1999
The appellant appealed against a finding that he was not disabled under the Act. He had been a soldier in action and many years later, he suffered flash backs and claimed post traumatic stress disorder. Doctors differed in their diagnosis, and in the standards they used, ICD-10 and DSM-IV. The tribunal failed properly to recognise … Continue reading Blackledge v London General Transport Services Ltd: EAT 3 Aug 2001
The applicant was a chief inspector of police. She had been prevented from carrying out appraisals of other senior staff, and complained of sex discrimination. Held: The claimant’s appeal failed. The tribunal had taken a two stage approach. It had asked first whether there had been less favourable treatment, and then asked why there had … Continue reading Shamoon v Chief Constable of the Royal Ulster Constabulary: HL 27 Feb 2003
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 claimant said that the wihdrawal of overnight support to her at home was unlawful. Held: The claim failed. Her requirement was a need to urinate safely at night, which was satisfied by the new arrangement. Rix, Wilson LJJ, Sir David Keene [2010] EWCA Civ 1109, (2010) 13 CCL Rep 664, [2011] ACD 40 Bailii … Continue reading McDonald, Regina (on The Application of) v Royal Borough of Kensington and Chelsea: CA 13 Oct 2010
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
An employer was not absolutely bound by the views of an Occupational Health Practitioner. Longmore, Rimer LJJ, Sir John Mummery [2013] EWCA Civ 1583 Bailii Disability Discrimination Act 1995 England and Wales Citing: Leave – Gallop v Newport City Council CA 31-Jan-2013 Application for leave to appeal – allowed. . . Cited by: Cited – … Continue reading Gallop v Newport City Council: CA 11 Dec 2013
EAT Disability Discrimination : Disability Related Discrimination – Reasonable adjustments – The Respondent was employed by the Appellants as a reception and finance manager. She suffered from work-related stress and severe depression. She resigned from her employment when the Appellants did not act on the recommendations made by the clinical psychiatrist to whom they referred … Continue reading Croft Vets Ltd and Others v Butcher: EAT 2 Oct 2013
EAT DISABILITY DISCRIMINATION – Reasonable adjustmentsThe Employment Tribunal did not apply the structured approach in Rowan and Ashton to the Claimant’s claim for reasonable adjustments, or show that it considered s.4A(1) or (3) Disability Discrimination Act 1995, and did not answer a crucial question in its list of issues. The judgment and the consequential remedy … Continue reading Newham Sixth Form College v Sanders: EAT 2 Jul 2013
The claimant suffered a condition which would lead to the development of vocal nodules unless she followed a program which would allow her to avoid raising her voice. She said that employer should not have placed her within a noisy environment. The employer appealed against a decision that she suffered a disability saying that she … Continue reading SCA Packaging Ltd v Boyle (Northern Ireland): HL 1 Jul 2009
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 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
Questions on pregnancy dismissals included unavailability at required time. The correct comparison under the Act of 1975 was between the pregnant woman and: ‘a hypothetical man who would also be unavailable at the critical time. The relevant circumstance for the purposes of the comparison required by section 5(3) to be made is expected unavailability at … Continue reading Webb v EMO Air Cargo (UK) Ltd (No 1): HL 3 Mar 1993
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
barlow_stoneEAT2012 EAT DISABILITY DISCRIMINATION – Aiding and abettingThe Tribunal erred in concluding that it had no jurisdiction to consider a claim of victimisation brought by an employee against a fellow employee under Part II of the Disability Discrimination Act 1995. In the circumstances it had: see section 17A(1)(b), section 57(1) and (2) and section 58(1) … Continue reading Barlow v P Stone: EAT 1 Jun 2012
The appellant challenged the extension of time given to the claimant to begin his claim for disability discrimination. Held: The appeal failed: ‘the discretion under the Statute is at large. It falls to be exercised ‘in all the circumstances of the case’ and the only qualification is that the EJ has to consider that it … Continue reading Chief Constable of Lincolnshire Police v Caston: CA 8 Dec 2009
The tenant had been ordered to leave her flat. She had kept a dog in breach of her tenancy agreement. The landlord had terminated the assured shorthold tenancy by a section 21 notice. She said that they had failed to make reasonable adjustments to allow for her disability, and that the dog was critical to … Continue reading Thomas-Ashley v Drum Housing Association Ltd: CA 17 Mar 2010
