UK disability discrimination law and stammering / stuttering
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
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
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
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
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
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
The claimant had a stammer. In September 2020 he was turned down for a promotion with his existing employer, who knew of his stammer. The interview was by video due to Covid-19. He argued that reasonable adjustments should have been made, because his interview answers were not full enough due to his stammer. Feedback from … Read more
The Supreme Court held that legislation limiting tax credit to the first two children in a household is not unlawful discrimination contrary to Article 14 of the European Convention of Human Rights. The legislation was justified. This Supreme Court decision is important in clarifying (at least for the UK courts) various points on justification, including … Read more
The claimant had a stammer and other disabilities. He went off work with stress due to how he was treated (not related to his disabilities). While he was still off work, he and two other members of staff were made redundant due to the Covid-19 pandemic. His tribunal claims for unfair dismissal and disability discrimination … Read more
An employment tribunal has held that under the Human Rights Act, the Equality Act must be re-interpreted to permit a claim where disability discrimination occurs after discharge from the armed forces. On the face of it, the Equality Act employment provisions exclude disability discrimination claims by members of the armed forces, including former members. However … Read more