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

T v Ministry of Defence: disability discrimination claim by former member of armed forces

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

Department of Work and Pensions v Boyers

When an employer is seeking to justify a dismissal under s.15 EqA (discrimination arising from disability), does it matter that the procedure leading up to the dismissal is unsatisfactory? The EAT here held that it is the outcome, the dismissal, that must be justified rather than the process or procedure leading up to it. However … Read more