Blackwood v Birmingham and Solihull Mental Health NHS Foundation Trust

The court re-interpreted the Equality Act to comply with EU law, so that a student discriminated against by her 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 EqA provisions … Read more Blackwood v Birmingham and Solihull Mental Health NHS Foundation Trust

Chacón Navas v Eurest Colectividades SA

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

Sobhi v Commissioner of Police of the Metropolis

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

Mental Health Care v Biluan

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

Ring v Dansk almennyttigt Boligselskab

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

Jamieson v Chorlton High School

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

B v Servisair (UK) Ltd

The tribunal decided that the applicant’s speech impediment was a ‘physical impairment’ within the DDA. Since it undisputedly met the other requirements to be a ‘disability’, the applicant was a disabled person within the DDA. Employment Tribunal, Case No. S/105914/03, March 2004. The applicant had a speech impediment. This Tribunal decision was a preliminary determination … Read more B v Servisair (UK) Ltd