Website updates January to February 2022

C v Menzies Aviation: stammer held to be a disability New employment tribunal decision on stammering: C v Menzies Aviation. The claimant alleged he had been mimicked due to his stammer, and claimed disability discrimination. The tribunal held his stammer was a disability within the Equality Act. Its effect was much more than trivial. While … Read more

Example: Assessed presentation at university

Facts This is a made-up example, to illustrate how the law might apply to a particular situation: A student studying history at university is required to give an assessed presentation. The student has a stammer which meets the EqA definition of disability. The student asks for adjustments and other steps to avoid unlawful discrimination regarding … Read more

C v Menzies Aviation

The claimant alleged he had been mimicked due to his stammer, and claimed disability discrimination. This was a preliminary decision on whether his stammer was a disability within the Equality Act. The tribunal held yes it was. Its effect was much more than trivial. While – ultimately – the claimant might be able to express … Read more

Website updates November to December 2021

Knowledge of disability in reasonable adjustment claims against service providers etc New page Knowledge of disability in anticipatory reasonable adjustment claims, ie reasonable adjustment claims against service providers and bodies exercising a public function. An area where the law is unclear. I’ve taken the previous discussion of this from Reasonable adjustments by service providers page … Read more

Employment Clinic appeal by STAMMA

STAMMA is raising funds to formally launch its Employment Clinic and support people who stammer with work-related issues. Can you help? STAMMA (the British Stammering Association) has raised £13k of £19k needed to formally launch the Clinic. It needs to raise £6k by Christmas. Donate at STAMMA’s Employment Clinic Appeal (justgiving.com).

N v Packaging Automation: need for evidence of disability

A worker with a stammer was dismissed and claimed disability discrimination. The tribunal held he did not have a disability within the Equality Act. Colleagues said his stammer sounded only slight. The tribunal acknowledged that a stammer may also have hidden effects. However in this case the tribunal did not have sufficient evidence that the … Read more

Stott v Ralli

The EAT held that in deciding whether there is a breach of s.15 EqA (discrimination arising from disability), the dismissal itself is separate from any later internal appeal decision on it. The tribunal claim in this particular case only covered the original dismissal, at which time the employer had no knowledge of the disability. So … Read more

Website updates September to October 2021

Petition: “No diversity without dysfluency” 22nd October is International Stammering Awareness Day. Stamma, the British Stammering Association, is calling on media organisations around the world to ensure that on television and on the radio we hear people who stammer. Not just when the subject of stammering comes up, but throughout the year, every year. Petition: … Read more

Follows v Nationwide Building Society

An employment tribunal held that a worker caring for her disabled mother could claim indirect disability discrimination when asked to give up home-working. This was even though it was the mother rather than the claimant who was disabled. However being only a tribunal case, it does not set a precedent. 2021, Employment Tribunal. Full decision: … Read more

Little Mix concert: case on BSL interpreters

The County Court held that organisers of a music concert had breached the reasonable adjustment duty by not arranging BSL interpreters for deaf audience members. 2021, County Court. Summary of judgment: Discrimination in access to events: is there a duty to provide live sign language interpretation at music concerts? (cloisters.com) Facts Three deaf mothers were … Read more