UK disability discrimination law and stammering / stuttering
The employment tribunal rejected a claim that an employee had a stammer which (he said) started in adulthood. He contended that the stammer was why he had raised in voice in a meeting, but he gave a different explanation at the time. He had not told the employer he had a stammer. Also the tribunal … Read more C v Spencer & Arlington
One claimant cared full-time for her adult daughter who had severe disabilities. They had specially adapted accommodation. Her Housing Benefit was reduced because of an ‘extra’ bedroom (the ‘bedroom tax’). It would have been highly undesirable for the claimant to have to move. The court held this was potentially discrimination under Article 14 of the … Read more JD and A v United Kingdom
The Court of Appeal considered whether a one-off act could be a “provision, criterion or practice” (PCP) giving rise to a reasonable adjustment claim. The court said that a “practice” does not need to have been applied to anyone else. However it should carry with it an indication that it will or would be done … Read more Ishola v Transport for London
This case suggests there may be a claim for indirect discrimination against an employer who does not take adequate action against harassment by third parties such as customers. The employment tribunal held the employer liable as regards its failure to ensure all racial abuse was reported. However this part of its decision was not appealed, … Read more Bessong v Pennine Care NHS Foundation Trust
A job applicant was at a disadvantage in a situational judgment test because he had Asperger’s syndrome. This test was the initial stage in the recruitment process. The employer refused to interview him when he failed it. The court held this was a failure to make reasonable adjustments. It did not matter that the claimant … Read more British Telecommunications v Meier
An employment tribunal had made a reasonable adjustment by referring a disabled claimant to the Bar Pro Bono Unit, to get a free legal representative. The Court of Appeal held this was sufficient adjustment, on the facts. The court said normally it is entirely appropriate for a tribunal to leave it to the legal representatives … Read more Anderson v Turning Point Eespro
The Court of Appeal held it was not disability discrimination on the facts to refuse to send an employee on an assignment to Dubai because of high medical risk. The case is of interest on direct disability discrimination – it is not enough that the reason for less favourable treatment is ‘indissociable’ from the disability. … Read more Owen v Amec Foster Wheeler Energy
For the first time, an appeal court has upheld a claim that (direct) discrimination because the claimant was perceived to have a disability is unlawful under the Equality Act. The claimant did not need to show she actually had a disability. The court also discussed the boundaries of direct discrimination. (More on Perceived disability). June … Read more Perceived disability: Chief Constable of Norfolk v Coffey
The claimant was entitled to an early pension only because of his disability, but it was less than it would have been for a disability which came on suddenly. It was less because he had reduced his working hours because of his disability. The Supreme Court held there was no ‘unfavourable treatment’ within s.15 Equality … Read more Trustees of Swansea University Pension & Assurance Scheme v Williams
An early retirement application due to disability was “very poorly handled”, and there were other failures. The Court of Appeal held that an employer’s mishandling of disability matters is not normally a breach of ss. 13 or 15 EqA unless the employer’s “motivation” for its action or inaction was the disability or something arising from … Read more Dunn v Secretary of State for Justice