UK disability discrimination law and stammering / stuttering
In deciding whether a dismissal (or other act) by a sole decision-maker is direct discrimination, the court looks only at the motivation of that decision-maker. However inputs into the decision, such as reports, could be separate acts of discrimination. Also it is different where a decision was made jointly. 2015, Court of Appeal (bailii.org) The … Read more CLFIS (UK) Ltd v Reynolds
The court found it was unlawful discrimination contrary to Article 14 ECHR to dismiss an employee because of his colleagues’ fears about him being HIV positive. Article 14 (non-discrimination) could apply because the case fell within the ambit of Article 8 (right to private life). European Court of Human Rights (ECtHR), October 2013. Full decision: … Read more IB v Greece
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
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 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
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