Cases on employment

This European Court of Justice (ECJ) held that under the Framework Employment Directive a ‘disability’ is a long term limitation which results from physical, mental or psychological impairments and hinders participation in professional life. The case has influenced UK tribunals to take account of an impairment’s effect on work-related activities in deciding whether it is … Read more Chacón Navas v Eurest Colectividades SA

The EAT again extended the normal meaning of ‘normal day-to-day activity’ in the light of European law. The EAT held that applying to become a police constable was a ‘normal day-to-day activity’. A memory impairment which led to the claimant not disclosing a previous conviction had a long-term adverse effect on such an application, and … Read more Sobhi v Commissioner of Police of the Metropolis

In selecting employees for redundancy, the employer carried out a competence assessment which failed to take into the opinion of managers who had worked with the relevant employees. Managers found the results ‘surprising’ and considered they had led to the selection and dismissal of some ‘very good workers’. The employer was held liable for unfair … Read more Mental Health Care v Biluan

The European Union court modified its definition of ‘disability’ in the Framework Employment Directive, to take greater account of the social model of disability. This model recognises the barriers caused by the envionrment and people’s attitudes to disability. The court also said the aim of the reasonable adjustment duty was to remove barriers that hinder … Read more Ring v Dansk almennyttigt Boligselskab

Facts A teacher was dismissed for inappropriate behaviour with a former pupil. The tribunal upheld the teacher’s claim that this was discrimination arising from disability within s.15 EqA. The teacher’s behaviour had been materially affected by hypomania. The dismissal was not objectively justified because there had been no attempt to assess the risk of repetition … Read more Jamieson v Chorlton High School

The claimant’s asthma appeared particularly at work where he was subjected to chemical fumes. The employment tribunal did not see that work situation as a ‘normal day-to-day activity’, so did not take it into account and held he did not have a ‘disability’. The EAT disagreed, saying the symptoms at work should be taken into … Read more Cruickshank v VAW Motorcast

This case held that a senior police officer had a ‘disability’ within the DDA because of the effect his dyslexia had in a high pressure exam for promotion. The exam was a ‘normal day-to-day activity’. The court would have said that anyway under domestic law, but was also bound by the European case of Chacón … Read more Paterson v Commissioner of Police of the Metropolis

This decision is likely to be helpful to claimants seeking to show they have a ‘disability’. The appeal tribunal stresses that one should look at what the claimant cannot do, rather that what they can. It also criticises a ‘sliding scale’ approach, which might set the bar for claimants too high, and says the statutory … Read more Aderemi v London and South Eastern Railway