UK disability discrimination law and stammering / stuttering
A claimant who spoke fast, and may or may not have had cluttering or a stammer, was held not to have a disability within the Equality Act. Employment tribunal, June 2017. Full decision: gov.uk. The claimant had a speech disorder manifesting as fast speech. A speech and language therapist suggested it was perhaps ‘cluttering’ or … Read more
A job applicant who was on the austistic spectrum asked the employer to allow her to give narrative answers in an assessment as part of a highly competitive recruitment process. She said the normal system of selecting from multiple choice answers put her at a disadvantage. The employer refused. The EAT upheld her claim for … Read more
The EAT upheld a claim for reasonable adjustments even though the claimant had not suggested the adjustment to the employer at the time. 2017, Employment Appeal Tribunal (EAT). Full judgment: www.bailii.org/uk/cases/UKEAT/2017/0202_16_1901.html Facts The claimant had dyspraxia and dyslexia. She spoke to her then line manager about her disability, telling him how the lack of adjustments … Read more
The EAT held that lifting weights in a warehouse up to 25kg was a normal day to day activity, even where the employer expected staff to do it at a particular speed (pick rate). The claimant’s back problem meant he did it significantly more slowly. The impairment therefore had a substantial effect on his ability … Read more
The Court of Appeal confirmed the wide scope of the reasonable adjustment duty under s.20 Equality Act, holding that it can include adjustments to an absence management policy. However the court said that reasonable adjustments normally look to the future. Some claims may be better analysed under s.15 EqA, on the basis of whether or … Read more
An employment tribunal had held (and it was not appealed) that victimisation “on an associative basis”, ie because of a protected act (eg a discrimination claim) by somone else, is covered by the Equality Act. The EAT held the key issue is not how far there was some association between the claimant and the person … Read more
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
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
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
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