Rentokil Initial UK v Miller

The claimant was no longer able to do his job, due to his disability. The employer considered him not suitable for an alternative role, but a employment tribunal held it would have been a reasonable adjustment to offer him a trial period in it. The EAT upheld the tribunal decision, saying that a trial period … Read more

Glasson v The Insolvency Service: Employer not required to adjust interview as unaware of disadvantage

The claimant’s answers in an interview were not full enough, as he limited them due to his stammer. He called this his “restrictive mode”. The employer knew of his stammer. However, the tribunal found the employer did not have actual or constructive knowledge of the disadvantage. The tribunal therefore rejected his claim for reasonable adjustments. … Read more

Williams v Newport City Council

A social worker had been traumatised by an experience in court. The employer introduced a requirement that she attend court if necessary. As a result she went off sick with stress. The EAT held she was disabled within the EqA even if attending court was not a normal day-to-day activity. She was unable to do … Read more

M v Manchester Rusk Co

The employment tribunal found that the claimant’s stammer was not a disability within the Equality Act. The burden of proof was on the claimant, and he had not presented sufficient evidence to show that his stammer had a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities. That was supported … Read more

A v Qualasept

The claimant had a stammer and type II diabetes. He was dismissed after a probationary period. Issues were his attendance, communication style (eg tending to argue, upset people), and pace of work. The employment tribunal rejected his claims for race and disability discrimination. As regards his stammer, the tribunal found that criticisms of his communication … Read more

A v Pennine Care NHS Foundation Trust

The claimant’s current role in the NHS involved many phone calls, and his employer had allowed reasonable adjustments in respect of his stammer. Another NHS employer withdrew its job offer for a role which was similar (albeit the calls could be more challenging), saying it could not accommodate his stammer as regards difficulties speaking on … Read more

McCue v Glasgow City Council

A man with Down’s Syndrome received social care from his local council, under Scottish legislation. The council had a policy on what disability-related expenditure it would deduct in assessing his ability to pay charges for his care. The Supreme Court held that the failure of the council to adopt a more generous approach on this … Read more

Toplak and Mrak v Slovenia

The two applicants were wheelchair users. They claimed to the Strasbourg court that their local voting facilities were not sufficiently accessible, so that there was discrimination contrary to the European Convention of Human Rights. Their claims for reasonable accommodation failed. For a 2015 referendum, the physical premises were accessible, and any problems with access or … Read more

Lárusson v Iceland

The ECtHR in Strasbourg rejected a claim by a wheelchair user that failure to make two cultural buildings in his municipality accessible was a breach of Article 14 of the European Convention on Human Rights. The ECtHR said this was an exceptional case where his lack of access to public buildings affected his life sufficiently … Read more