March 2010
- Employment: discrimination by association and perception updated to reflect Coleman appeal being settled out of court, so Employment Appeal Tribunal decision stands, re-interpreting existing law to include discrmination by association.
- Equality Bill Lords Report Stage, 2nd March - 'substantial' is being expressly defined (important for both definition of disability and reasonable adjustments), and Bill will make clear that education reasonable adjustment duty is anticipatory.
February 2010
January 2010
- Equality Bill changes at Lords Committee Stage so far included further changes on pre-employment enquiries, new duty on schools regarding auxiliary aids and services, exam boards, and new clause on cost of reasonable adjustments.
- Reasonable adjustment examples added: Private phone calls, Disciplinary and Grievance Procedures, and Job / Person specs.
- Draft Codes of Practice issued for consultation by the EHRC, based on the Equality Bill. One is on 'Employment', and one on 'Services, Public Functions and Associations'. 'Education' to follow shortly.
- Welfare benefits - pages updated.
- Shirlow v Translink - Northern Ireland case on stammering (2008). The tribunal held that the claimant's stammer was a disability. However, there was no breach of the duty to make reasonable adjustments, partly because the employer could not reasonably be expected to know of his disability.
December 2009
November 2009
- DWP v Alam - the EAT has disagreed with a previous decision which had apparently made it harder for an employer to rely on the 'lack of knowledge' defence where he fails to make a reasonable adjustement.
October 2009
- Case on volunteers - the Employment Appeal Tribunal found that an unpaid volunteer who did not fall within the DDA was not brought within it by the European Framework Employment Directive. Note that some volunteers do fall within the DDA.
- Discrimination by association: EAT decision - the Employment Appeal Tribunal has confirmed that the courts can read wording into the DDA to cover direct discrimination and harassment by reason of a third person's disability.
- Allowing extra time at interview - greater discussion of this, including suggestion to schedule interview at end of a session with no further appointments after it.
- Amnesty International v Ahmed - the EAT held there was direct discrimination even if the employer had 'benign' motives for not appointing a person on the prohibited ground. In this case it was their ethnic origin.
- New compensation levels ('Vento bands') for injury to feelings, increased to reflect inflation, have been set by the Employment Appeal Tribunal in Da'Bell v NSPCC.
July 2009
June 2009
- Chief Constable of Dumfries & Galloway v Adams - nightshift working can be a 'normal day-to-day activity'. so substantial effects of an impairment during night shifts can make it a 'disability' within the DDA. The case also considers the European Court decision of Chacón Navas.
- Stockton on Tees Borough Council v Aylott - the Employment Appeal Tribunal considered direct discrimination claims based on stereotypical assumptions, and also found that the House of Lords decision in Malcolm extends to employment, limiting claims for disability related discrimination.
May 2009
April 2009
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Last updated 1st February, 2012
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