UK disability discrimination law and stammering / stuttering
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The claimant applied for two jobs with the employer, saying in his CV that he had ‘excellent communication skills despite having a stammer’. He was not appointed. He claimed this was because the employer perceived him to have a disability within the Equality Act 2010 (EqA). The employment tribunal rejected his claims. He had not … Read more
The claimant mentioned his stammer in his CV when applying for a job. He was rejected without an interview. He did not claim that he had a disability within the Equality Act 2010 (EqA), but claimed that he was rejected because the employer perceived he had a disability. The employment tribunal rejected his claim for … Read more
The claimant stammered. An issue was whether his mental impairment (stress etc) was a disability. The employment tribunal held there was not enough evidence that various alleged effects of his mental impairment, including his stammering, were substantial effects on his ability to carry out day-to-day activities. So he had not shown his mental impairment was … Read more
The claimant’s answers in an interview were not full enough, as he limited them due to his stammer. He called this his “restrictive mode”. The employer knew of his stammer. However, the tribunal found the employer did not have actual or constructive knowledge of the disadvantage. The tribunal therefore rejected his claim for reasonable adjustments. … Read more
The employment tribunal found that the claimant’s stammer was not a disability within the Equality Act. The burden of proof was on the claimant, and he had not presented sufficient evidence to show that his stammer had a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities. That was supported … Read more
The claimant had a stammer and type II diabetes. He was dismissed after a probationary period. Issues were his attendance, communication style (eg tending to argue, upset people), and pace of work. The employment tribunal rejected his claims for race and disability discrimination. As regards his stammer, the tribunal found that criticisms of his communication … Read more
The claimant’s current role in the NHS involved many phone calls, and his employer had allowed reasonable adjustments in respect of his stammer. Another NHS employer withdrew its job offer for a role which was similar (albeit the calls could be more challenging), saying it could not accommodate his stammer as regards difficulties speaking on … Read more
The claimant had a stammer and other disabilities. He went off work with stress due to how he was treated (not related to his disabilities). While he was still off work, he and two other members of staff were made redundant due to the Covid-19 pandemic. His tribunal claims for unfair dismissal and disability discrimination … Read more
The claimant had spinal issues and a stammer. Among other things she alleged that the store manager would not allow her to put her case to him, by speaking over her and completing her sentences. It was undisputed that she was disabled, and the tribunal held that as regards the stammer, the employer had sufficient … Read more
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