M v Jacksons Dairy

The claimant mentioned his stammer in his CV when applying for a job. He was rejected without an interview. He did not claim that he had a disability within the Equality Act 2010 (EqA), but claimed that he was rejected because the employer perceived he had a disability. The employment tribunal rejected his claim for … Read more

Website updates January to February 2026

GCSEs and A-levels Update of GCSEs, A-levels and stammering/stuttering. It includes a specific example of extra time for stammering in 2025/26 JCQ guidance. Maritime and Coastguard Agency v Groom: paid “volunteers” In Maritime and Coastguard Agency v Groom, the Court of Appeal held that Coastal Rescue Officers (CROs) had legal rights as “workers”, despite being … Read more

Rubery v Ministry of Defence

S.121 Equality Act 2010 (EqA) requires serving members of the armed forces to bring a service complaint before starting an EqA tribunal claim. The Court of Appeal rejected an argument that for a matter in respect of which no service complaint was permitted, s.121 should be re-interpreted to allow a tribunal claim even without a … Read more

L & Dunn v Ministry of Defence: no disability discrimination claim by former member of armed forces

The Equality Act 2010 (EqA) employment provisions exclude disability discrimination claims by members of the armed forces. On the wording of the EqA, such claims by former members are also excluded. Overruling a previous tribunal decision, the EAT held that the EqA cannot be re-interpreted under human rights law to allow a former member of … Read more

Website updates November to December 2025

Research on eyewitness testimony of people who stammer Recent study by the University of Bath, including credibility of witnesses who stammer compared with those who do not, with mock jurors. More: Research on eyewitness testimony of people who stammer, 2025. Unfair dismissal changes, and passing of Employment Rights Act 2025 The Employment Rights Act 2025 … Read more

Bailey v Stonewall: “causing” another person to discriminate

The Court of Appeal discussed the test for whether a person “caused” discrimination by another, so as to be liable under s.111(2) Equality Act 2010 (EqA). The court said that once “but for” causation is established, the tribunal has to decide whether it is fair or just or reasonable to find the person liable, with … Read more

CRE v ISTD: “inducing” discrimination

In this 1982 case, an employer asked the head of careers at a school for suitable applicants for a job. The employer said it would rather she did not send anyone coloured. The EAT held this was unlawful as attempting to “induce” discrimination, contrary to the Race Relations Act 1976. To “induce” meant “to persuade … Read more

Research on eyewitness testimony of people who stammer, 2025

The University of Bath has conducted a study: K.Maras et al, “Eyewitness testimony by individuals who stammer: Evidence, experience and perceived credibility”, https://doi.org/10.1111/bjop.70014 Very briefly, some points from the study: It should be noted that this study was not of witnesses speaking in a courtroom setting, or in a group setting. Each witness was interviewed … Read more

“Bervidi” case: reasonable adjustments for someone else’s disability

The EU Court of Justice held that under the EU Framework Employment Directive, both indirect discrimination and the duty to make reasonable adjustments can apply in relation to someone else’s disability, at least as regards a parent seeking adjustments from her employer to care for her disabled child. Unless it spurs the government to amend … Read more