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

Garcia v The Leadership Factor: “clear voice”

The Employment Appeal Tribunal (EAT) upheld a tribunal decision requiring a claimant who stammers to pay a deposit as a condition of proceeding with his EqA claims. He was claiming direct and indirect disability discrimination in relation to requirements that telephone interviewers have a “clear voice” and be in “good health”. The EAT held the … Read more

M v Real Care Agency

A home care worker was dismissed after being off sick with depression (a disability). Her stammer was normally not apparent but did arise during bad periods of depression. She made EqA claims as regards allegedly not being able to attend a probationary review meeting because of her stammer, and the employer being unwilling to discuss … Read more

C v Menzies Aviation

The claimant alleged he had been mimicked due to his stammer, and claimed disability discrimination. This was a preliminary decision on whether his stammer was a disability within the Equality Act. The tribunal held yes it was. Its effect was much more than trivial. While – ultimately – the claimant might be able to express … Read more

N v Packaging Automation: need for evidence of disability

A worker with a stammer was dismissed and claimed disability discrimination. The tribunal held he did not have a disability within the Equality Act. Colleagues said his stammer sounded only slight. The tribunal acknowledged that a stammer may also have hidden effects. However in this case the tribunal did not have sufficient evidence that the … Read more