UK disability discrimination law and stammering / stuttering
A claimant who stammers argued that the employer should have made further adjustments to an interview and presentation, for example expressly telling him he had extra time, follow-up questions where his answers were unduly short, and arrangements to enable him to keep eye contact. The tribunal held that on the facts the adjustments which had … Read more
The Court of Appeal upheld the “cost plus” principle, in the sense that saving or avoidance of costs will not without more amount to a ‘legitimate aim’ in seeking to justify discrimination. However this does not prevent an employer from relying on a legitimate aim of needing to reduce its expenditure, specifically staff costs, in … Read more
Below are an impact statement and other documents used in an employment tribunal case in 2020, arguing that the stammer (a severe one) was a disability within the Equality Act. Documents The documents were not professionally drafted and aren’t presented as recommended documents. However they illustrate that even with a severe stammer such as this … Read more
An employment tribunal held that various failures by the employer, including delay in dealing with a grievance on disability, were unlawful ‘discrimination arising from disability’ (s.15 EqA). The Court of Appeal overturned the decision. The tribunal normally had to consider the employer’s thought processes in deciding whether the employer’s reason for the delay (or other … Read more
The tribunal refused to allow a claimant to amend his claim to add disability discrimination related to stammering. From listening to him, the tribunal said there was a “discernible, very mild stammer” which the tribunal very much doubted was a disability. In any event, the sheer weight of evidence explaining the rejection of his job … Read more
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 his 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
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
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
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
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