UK disability discrimination law and stammering / stuttering
Allan Tyrer A deaf person was turned down for a job as he was unable to answer incoming telephone calls. The employment tribunal held the employer should have made reasonable adjustments by rearranging job duties. August 2002, “Victory for deaf man in landmark judgement” (archive of equality-ne.co.uk). The claimant was interviewed for a job with an NHS … Read more
Employment Tribunal, April 2002 (Case no. 3104185/01; Folio Ref: 14:228:38). The applicant had a stutter. BSM conceded that he had a disability within the Disability Discrimination Act 1995 (DDA). The applicant paid BSM for and attended various training courses and meetings during which he was trained and assessed in relation to his application for a … Read more
Court of Appeal, 2002. Full judgment: bailii.org. Two appeals (the McNicol case and Rugamer v Sony Music Entertainment) raised issues of the application of the “physical or mental impairment” test to functional or psychological “overlay”, where a person claims to be suffering from physical injury but the doctor is satisfied that his or her symptoms … Read more
Example of a case settled by the Disability Conciliation Service (no longer in existence): “A man with a severe speech impediment was refused service at a local pub and subjected to derogatory and insulting remarks by a member of the bar staff, who alleged he was drunk. A meeting between the two parties was set … Read more
Employment Tribunal, Case no. 2500138/00, 4344/115, December 2001. Facts The employee was a packaging technician. These technicians were responsible for overseeing the running of machines on the packaging line, and for arranging for an engineer to be called in if a fault occurred. The employee had a stammer and claimed he was subject to “harassment, … Read more
In this case the EAT sets out important guidelines on expert evidence in employment tribunal cases. Employment Appeal Tribunal, 2001. The EAT’s judgment is available in full on the EAT website at www.bailii.org/uk/cases/UKEAT/2001/1438_00_2003.html. The guidelines are at paragraph 36 (bailii.org) of the judgment. For example, the EAT comments that expert evidence will not always be … Read more
House of Lords, 2000. Full judgment: bailii.org. The case of Phelps v Hillingdon Council involved a child had dyslexia. An educational psychologist failed to diagnose the dyslexia. Accordingly the child was not given education appropriate to her condition. The House of Lords upheld a decision that the educational psychologist owed a duty of care to … Read more
Employment Appeal Tribunal, 11.7.01 (1155/98). Full judgment: bailii.org. The applicant was offered a job as a physics/information technology technician in a school, subject to a medical report, However, he was found to have a history of schizophrenia and was asked to leave. The school argued that its actions were justified for safety reasons. The employment … Read more
Employment Appeal Tribunal, 2000. Full decision: bailii.org. The applicant was turned down from becoming a trainee voluntary adviser with the citizens advice bureau (CAB), allegedly for certain mental health reasons. The employment tribunal decided that the applicant would not be an “employee” or a person who “contracts personally to do work” so as to fall … Read more
Employment Appeal Tribunal, 18.12.00, 1319/99. Full judgment: bailii.org. An employee was dismissed allegedly due to his dyslexia. The employment tribunal found that his dyslexia did not have the required substantial effect and so was not a disability. The tribunal commented amongst other things that he knew how to use a spell check and he now … Read more