UK disability discrimination law and stammering / stuttering
The claimant made Equality Act 2010 (EqA) claims relying on ‘work related stress and anxiety’ as his disability. He later added that he also stammered. An employment tribunal (ET) accepted that his stammer was a disability within the EqA. However, in the circumstances of the case, the ET refused to amend his claims to include … Read more
The claimant applied for two jobs with the employer, saying in his CV that he had ‘excellent communication skills despite having a stammer’. He was not appointed. He claimed this was because the employer perceived him to have a disability within the Equality Act 2010 (EqA). The employment tribunal rejected his claims. He had not … Read more
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
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
The Court of Appeal held that Coastal Rescue Officers (CROs) had legal rights as “workers”, despite being called volunteers. For many of their activities they had the right to claim remuneration (not just expenses), if they chose to do so. The court held that legally, on each call-out there was a contract under which they … Read more
An employment tribunal has held that foster carers can make employment tribunal claims under the Equality Act 2010 (EqA) against their local authority, rather than just county court claims. The decision is likely to have wider significance beyond foster carers, if upheld. Oni and others v London Borough of Waltham Forest and others, 3204635/2021. 2025, … Read more
The claimant stammered. An issue was whether his mental impairment (stress etc) was a disability. The employment tribunal held there was not enough evidence that various alleged effects of his mental impairment, including his stammering, were substantial effects on his ability to carry out day-to-day activities. So he had not shown his mental impairment was … Read more
The High Court upheld a claim that it was irrational for RCGP to simply refuse to consider additional attempts at a written assessment for becoming a GP, if the candidate was later diagnosed with a disability that would have entitled her to reasonable adjustments. Her claim therefore succeeded under administrative law. This meant the court … Read more
The Employment Appeal Tribunal accepted that under the EU court decision in CHEZ, s.19 Equality Act (EqA) should be re-interpreted to allow claims for indirect discrimination by people who did not have the protected characteristic but suffered the same disadvantage. For claims arising after 2023, this is in any event allowed by s.19A EqA. 2024, … Read more
According to a majority of the Supreme Court, even in a claim that arose before Brexit (ie before the end of 2020), British higher courts making decisions now are not necessarily bound to follow EU court decisions made before Brexit. However, British courts are bound by the text of the legislation as it was before … Read more