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 moreSobhi 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 moreMental 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 moreRing 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 moreJamieson 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 moreB v Servisair (UK) Ltd

Paterson v Commissioner of Police of the Metropolis

This case held that a senior police officer had a ‘disability’ within the DDA because of the effect his dyslexia had in a high pressure exam for promotion. The exam was a ‘normal day-to-day activity’. The court would have said that anyway under domestic law, but was also bound by the European case of Chac√≥n … Read morePaterson v Commissioner of Police of the Metropolis

Aderemi v London and South Eastern Railway

This decision is likely to be helpful to claimants seeking to show they have a ‘disability’. The appeal tribunal stresses that one should look at what the claimant cannot do, rather that what they can. It also criticises a ‘sliding scale’ approach, which might set the bar for claimants too high, and says the statutory … Read moreAderemi v London and South Eastern Railway

Lowe v Cabinet Office

A claim for reasonable adjustments to an assessment for the Civil Service Fast Stream failed. The claimant had Asperger’s Syndrome. The further adjustments she sought would have meant important competencies concerning relationships and communication were not assessed. Employment Tribunal, [2011] EqLR 803. ET/2203187/10. Tribunal decision (pdf). A woman with Asperger’s Syndrome applied for the Civil … Read moreLowe v Cabinet Office

X v Mid Sussex Citizens Advice Bureau

The Supreme Court held that an unpaid volunteer was not protected by the EU Framework Employment Directive as having an ’employment’ or ‘occupation’. Since she did not otherwise fall within the employment provisions of the DDA, her disability discrimination claim failed. Supreme Court, 2012. Full decision: The claimant was a specialist adviser for welfare … Read moreX v Mid Sussex Citizens Advice Bureau