UK disability discrimination law and stammering / stuttering
The EAT considered the test for who is an “agent” under s.109 Equality Act (EqA), so that the person for whom they act is liable for them under the EqA. The tribunal EAT held that the doctors in this case might be agents within s.109 even though they were in business on their own account. … Read more
The EAT held that under s.15 EqA, unfavourable treatment can be “because of” something arising from the disability even though the something is only a minor component of the reason for the unfavourable treatment, provided it is “significant” so as to be an “effective cause”. S.15 could apply even though the main reasons for dismissing … Read more
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
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
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
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
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
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
The claimant had a stammer and other disabilities. He went off work with stress due to how he was treated (not related to his disabilities). While he was still off work, he and two other members of staff were made redundant due to the Covid-19 pandemic. His tribunal claims for unfair dismissal and disability discrimination … Read more
An employment tribunal held that under the Human Rights Act, the Equality Act (EqA) must be re-interpreted to permit a claim where disability discrimination occurs after discharge from the armed forces. However, this decision has now been overruled by the EAT in L & Dunn v Ministry of Defence. 2021, Employment Tribunal. Full tribunal decision … Read more