Habib v Dave Whelan Sports: credibility of disabled claimant/witness

The claimant made various employment tribunal (ET) claims, which the ET rejected. The Employment Appeal Tribunal (EAT) said the ET had relied on behaviour which could arise from the claimant’s dyslexia as a reason to doubt her evidence, without considering the Equal Treatment Bench Book. The ET hearing was unfair, and there must be a … Read more

Anderson v Turning Point Eespro

An employment tribunal had made a reasonable adjustment by referring a disabled claimant to the Bar Pro Bono Unit (now called Advocate), 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 … Read more

Galo v Bombadier Aerospace

The court overturned a Northern Irish industrial tribunal decision because the tribunal had not made appropriate adjustments for the claimant’s Asperger’s Syndrome. The tribunal should have paid attention to the Equal Treatment Bench Book. An early ‘ground rules’ case management session should have been convened to meet the specific challenges of his condition. [2016] NICA … Read more

Rackham v NHS Professionals

The EAT held that employment tribunals are under an obligation to make reasonable adjustments to accommodate disabled claimants, but sufficient adjustments had been made in the present case. Employment Appeal Tribunal, 2015. Full judgment: bailii.org. In outline The claimant had Asperger’s Syndrome. He had indicated he agreed to certain adjustments to accommodate his Asperger’s, including … Read more

R v Isleworth Crown Court ex parte Murray King

Following a stroke, the applicant had a disability which affected communication and mental functioning, and caused fatigue. A Crown Court dismissed his appeal against a criminal conviction. In the High Court, he argued successfully that the Crown Court’s dismissal of his appeal should be set aside, because the Crown Court had not given him a … Read more

Coombe v Bessell

Tasmanian Supreme Court, 1994. Full judgment: www.austlii.edu.au/cgi-bin/viewdoc/au/cases/tas/TASSC/1994/66.html. In this Australian case, a person who stammers was found guilty of assaulting his wife. His demeanour led the magistrate not to believe his evidence. On appeal, the Supreme Court found that his demeanour was at least in part due to his stammer, which the magistrate had not … Read more