UK disability discrimination law and stammering / stuttering
The High Court upheld a claim that it was irrational for RCGP to simply refuse to consider additional attempts at a written assessment for becoming a GP, if the candidate was later diagnosed with a disability that would have entitled her to reasonable adjustments. Her claim therefore succeeded under administrative law. This meant the court … Read more
A university was held liable under the Equality Act. It had insisted on continuing with oral assessments of a physics student who had depression and social anxiety disorder. She committed suicide on the day when she was to be part of a group giving an assessed conference presentation. The High Court upheld a County Court … Read more
Equality Act claims by students against professional “qualifications bodies” normally go to the employment tribunal, but a university is excluded from being a qualifications body. The Court of Appeal held that a student’s claim against the University of Law, even in respect of a professional solicitors exam, therefore had to go to a county court … Read more
A child with non-verbal autism was provided with no specialist assistance in at least her first two years at primary school, apart from what her parents paid for. The ECtHR in Strasbourg held there was a failure to make reasonable accommodation, in breach of Article 14 of the European Convention on Human Rights. The Italian … Read more
Regulations say that a tendency to physical abuse cannot be a disability under Equality Act 2010. It had therefore been held that an autistic child with a tendency to lash out could not claim under the EqA when he was excluded from school. However the Upper Tribunal held this regulation is incompatible with Article 14 … Read more
A university in Turkey had not made adjustments to a building to make it accessible for a paraplegic student. The Human Rights court in Strasbourg held this was discrimination contrary to Article 14 of the European Convention of Human Rights. It said Article 14 includes an obligation to make reasonable adjustments (at least in education, … Read more
The ECtHR confirmed that Article 14 of the European Convention on Human Rights should be read in the light of the obligation to make reasonable accommodation. Also a specialist music college offering higher education fell within Article 14. A blind applicant had been rejected by the college with no attempt to consider reasonable adjustments, so … Read more
A grammar school pupil was claiming reasonable adjustments for dyslexia and visual stress. In a selective high-performing school she performed around average in recent mock exams, without extra time. The Upper Tribunal held that the lower tribunal should not have concluded from this that she had no disability. Rather, the comparison should be between what … Read more
The clamant applied for admission to a postgraduate law degree course. He was rejected as not meeting the entry requirements. He argued that his previous exam results had been affected by his disability. The court held his claim for breach of the reasonable adjustment duty could not proceed, as the university’s entrance requirements were “competence … Read more
The court re-interpreted the Equality Act 2010 (EqA) to comply with EU law, so that a student discriminated against by a work placement provider was not left without a claim. She was entitled to claim against the provider in an employment tribunal. Her right to do this should be excluded only so far as the … Read more