UK disability discrimination law and stammering / stuttering
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 claimant was dismissed for various reasons including bullying and threatening colleagues. The employment tribunal rejected a claim he 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 … 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
The issue was whether the claimant had a disability within the Equality Act. The EAT followed the Paterson decision. It said that in deciding if an effect on normal day-to-day activities is substantial (ie more than minor or trivial), the tribunal should look at the effect on that individual’s abilities. The tribunal should not compare … 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
The Court of Appeal held it was not disability discrimination on the facts to refuse to send an employee on an assignment to Dubai because of high medical risk. The case is of interest on direct disability discrimination – it is not enough that the reason for less favourable treatment is ‘indissociable’ from the disability. … Read more
For the first time, an appeal court has upheld a claim that (direct) discrimination because the claimant was perceived to have a disability is unlawful under the Equality Act. The claimant did not need to show she actually had a disability. The court also discussed the boundaries of direct discrimination. (More on Perceived disability). June … Read more