Bessong v Pennine Care NHS Foundation Trust

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 moreBessong v Pennine Care NHS Foundation Trust

Perceived disability: Chief Constable of Norfolk v Coffey

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 morePerceived disability: Chief Constable of Norfolk v Coffey

Trustees of Swansea University Pension & Assurance Scheme v Williams

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 moreTrustees of Swansea University Pension & Assurance Scheme v Williams

Lee v Ashers Baking (‘gay cake’ case)

A bakery in Northern Ireland refused to supply a cake iced with the message “support gay marriage” because of the religious beliefs of its owners. The Supreme Court held this was not discrimination by association because the objection was to the message, not to any particular person or persons. Supreme Court, 2018, www.bailii.org/uk/cases/UKSC/2018/49.html Facts A … Read moreLee v Ashers Baking (‘gay cake’ case)

M v Mitie Aviation Security

A claimant who spoke fast, and may or may not have had cluttering or a stammer, was held not to have a disability within the Equality Act. Employment tribunal, June 2017. Full decision: gov.uk. The claimant had a speech disorder manifesting as fast speech. A speech and language therapist suggested it was perhaps ‘cluttering’ or … Read moreM v Mitie Aviation Security

Blamires v Local Government Ombudsman

The claimant had ME/CFS, and also dystonia which affected her speech. She referred a complaint against a county council to the Local Government Ombudsman and requested support because of her and her husband’s disabilities, including one or more face-to-face meetings rather than just using email. The Ombudsman lost the request, and turned down subsequent requests … Read moreBlamires v Local Government Ombudsman