The claimant sought a declaration that the duty set out in the 1995 Act applies to the discharge of duties, and to the exercise of powers, by local housing authorities under Part VII of the Housing Act 1996 being the part entitled ‘Homelessness’. The defendant argued that (1) the section concerned only the general formulation … Continue reading Pieretti v London Borough of Enfield: CA 12 Oct 2010
noor_ukbaEAT2012 EAT JURISDICTIONAL POINTS – Extension of time: just and equitableDISABILITY DISCRIMINATION – DisabilityPRACTICE AND PROCEDURE – Preliminary issuesThe Claimant contended he had been discriminated against and victimised on account of his disability in a long sequence of events. The Respondent acknowledged there was proximity between all of the events and for that reason sought … Continue reading Noor v UK Border Agency (UKBA): EAT 30 Jul 2012
EAT PRACTICE AND PROCEDURE – Review Claim under Disability Discrimination Act 1995 dismissed at PHR because Claimant not available to give evidence as to long-term effect of injury – Judge willing to offer adjournment if absence of Claimant had been explained and adjournment applied for – Counsel tells Judge that he does not know reason … Continue reading Council of The City of Newcastle Upon Tyne v Marsden (Rev 1): EAT 23 Jan 2010
EAT Disability discrimination – DisabilityCompulsory admission of a patient under the Mental Health Act is not automatically a disability under the DDA 1995. In the circumstances of this case the severity of the Claimant’s condition did mean she had an impairment with a substantial adverse effect on day-to-day activities.In determining whether or not a condition … Continue reading McDougall v Richmond Adult Community College: EAT 13 Jul 2007
Having ‘due regard’ is not Obligation to do The claimant sought to challenge the decision to close her local post office on the basis that being retired and disabled and without a car in a rural area, the office was essential and the decision unsupportable. In particular she challenged the removal of post offices from … Continue reading Brown, Regina (on the Application of) v Secretary of State for Work and Pensions: Admn 18 Dec 2008
Allowance of Stigma Damages The employees claimed damages, saying that the way in which their employer had behaved during their employment had led to continuing losses, ‘stigma damages’ after the termination. Held: It is an implied term of any contract of employment that the employer shall not without reasonable and proper cause conduct itself in … Continue reading Malik v Bank of Credit and Commerce International (BCCI); Mahmud v Bank of Credit and Commerce International: HL 12 Jun 1997
The appellant was disabled, had legal qualifications, and worked with the respondent as a volunteer. She had sought assistance under the Disability Discrimination Act, now the 2012 Act, saying that she counted as a worker. The tribunal and CA had found no contractual relationship. She said that under the 2000 Directive (the Framework Directive ‘FD’) … Continue reading X v Mid Sussex Citizens Advice Bureau and Another: SC 12 Dec 2012
The claimant brought his claim in discrimination, but it was out of time. The employer appealed against a decision to extend the time for him to file his complaint. Held: A tribunal has a very wide discretion in the area of whether to extend time for a complaint of race or sex discrimination to be … Continue reading Robertson v Bexley Community Centre: CA 11 Mar 2003
The claimant had been offered and had accepted a job subject to satisfactory health clearance. When that was not received her offer was withdrawn. She had suffered a condition which would affect her daily activities, but had recovered from that condition. She appealed against refusal of her claim for disability discrimination. The evidence suggested that … Continue reading Richmond Adult Community College v McDougall: CA 17 Jan 2008
EAT JURISDICTIONAL POINTS Extension of time: just and equitable2002 Act and pre-action requirements DISABILITY DISCRIMINATIONDisability related discrimination Direct disability discriminationReasonable adjustmentsExclusions/jurisdictionsVICTIMISATION DISCRIMINATION: Detriment HARASSMENT: ConductThis case raises issues of legal and practical importance for discrimination cases. It is one of a number of cases in which the Employment Appeal Tribunal is considering whether the judgment … Continue reading Stockton on Tees Borough Council v Aylott: EAT 11 Mar 2009
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 UNFAIR DISMISSAL – S. 98A (2) Employment Rights Act DISABILITY DISCRIMINATION – Disability related discrimination DISABILITY DISCRIMINATION – Reasonable adjustments DISABILITY DISCRIMINATION – Compensation Claimant goes off sick following incident of alleged offensive behaviour by manager – Existing mental health difficulties exacerbated – Employers fail, despite recommendation from occupational health department, to carry out … Continue reading Tameside Hospital NHS Foundation Trust v Mylott: EAT 11 Mar 2011
Sympathetic construction of national legislation LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC Directive designed to protect companies and third parties from the adverse effects of the doctrine of nullity. … Continue reading Marleasing SA v La Comercial Internacional de Alimentacion SA: ECJ 13 Nov 1990
The claimant asserted unfair dismissal after his contract was changed to provide that his post as head of the history department would be part time. He had been ill, and the head teacher reduced his teaching periods. He accepted the change in writing under protest in order to mitigate his loss. He said that the … Continue reading Hogg v Dover College: EAT 1990
The claimant sought judicial review of the defendant’s decision to discontinue a prosecution, saying that the respondent had failed to consider his duties under the 1995 Act. The prosecution had been discontinued for the victim’s mental instability and quality as a witness. Held: The conclusion drawn by the defendant did not follow from the medical … Continue reading B, Regina (on the Application of) v Director of Public Prosecutions and Another: Admn 27 Jan 2009
The appellant was employed as a teacher. He became disabled on losing part of his arm. He had been located at a prison and was unable to manage the heavy doors. He complained that the respondent had not made reasonable adjustments by transferring him to other work. The respondent argued and the EAT agreed that … Continue reading Matuszowicz v Kingston Upon Hull City Council: CA 10 Feb 2009
Employment Tribunals to Provide Sufficient Reasons Tribunals, when giving their decisions, are required to do no more than to make clear their findings of fact and to answer any question of law raised. Bingham LJ said: ‘It has on a number of occasions been made plain that the decision of an Industrial Tribunal is not … Continue reading Meek v City of Birmingham District Council: CA 18 Feb 1987
Clients sued their solicitors for negligence. The solicitors responded by claiming that, when acting as advocates, they had the same immunities granted to barristers. Held: The immunity from suit for negligence enjoyed by advocates acting in both criminal and civil proceedings is no longer appropriate or in the public interest and is removed: ‘The standard … Continue reading Arthur JS Hall and Co (A Firm) v Simons; Barratt v Woolf Seddon (A Firm); Harris v Schofield Roberts and Hill (A Firm): HL 20 Jul 2000
Blake J endorsed a six step approach which a public authority will need to address in relation to its duty to make adjustments to avoid indirectly discriminating: ‘1. Did the [public authority] have a practice policy or procedure?
2. Did that . .
The employee appealed against the dismissal of his claim for disability discrimination.
Held: The appeal succeeded. A comparator for the treatment of a disabled person who was away from work sick, was the treatment of a non-disabled person who . .
The extended reasons given by a Tribunal, must be sufficient to allow a party to assess whether the Tribunal has fallen into an error of law. In this case, it was not clear whether the applicant had been found to be disabled, under section 1 or . .
ECJ Grand Chamber – 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 . .
ECJ (Opinion) The claimant accepted voluntary redundancy, but then alleged disability discrimination and constructive dismissal. She claimed to have been subjected to unfair treatment because she had a disabled . .
EAT DISABILITY DISCRIMINATION – ‘Associative’ discrimination
The Disability Discrimination Act 1995 can be interpreted so as to apply to ‘associative’ discrimination as required by the decision of 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 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 . .
Officers had searched the claimant’s house on three occasions. Though it was known that he was profoundly deaf, no signer had been brought along to assist. The judge had held that on two occasions communication had been effective, and on the third, . .
EAT DISABILITY DISCRIMINATION: Reasonable adjustments
Effect of Malcolm: on the facts of the case the decision in Malcolm did not make any difference to the conclusion. There is no requirement in law to set . .
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