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

M v Ban-Car Hotel

The tribunal found the claimant was disabled within the Equality Act, by reason of her stammer and depression. However it held there was no discrimination, so her claim failed overall. 2021, Employment Tribunal. Full decision (pdf, gov.uk). (There are also earlier decisions (gov.uk) on applications to strike out the claim.) Facts The claimant was employed … Read more

O v TC Facilities Management

The claimant’s employment was terminated without notice due to his alleged “verbal and threatening behaviour towards management” at a meeting. Part of the problem was him speaking loudly and quickly at the meeting – he had a stammer which caused him to do this when trying to communicate under stress. The employment tribunal rejected his … Read more

Y v West Yorkshire Combined Authority

A claimant who stammers argued that the employer should have made further adjustments to an interview and presentation, for example expressly telling him he had extra time, follow-up questions where his answers were unduly short, and arrangements to enable him to keep eye contact. The tribunal held that on the facts the adjustments which had … Read more

Stammering case with impact statement, 2020

Below are an impact statement and other documents used in an employment tribunal case in 2020, arguing that the stammer (a severe one) was a disability within the Equality Act. Documents The documents were not professionally drafted and aren’t presented as recommended documents. However they illustrate that even with a severe stammer such as this … Read more

G v British Airways

The tribunal refused to allow a claimant to amend his claim to add disability discrimination related to stammering. From listening to him, the tribunal said there was a “discernible, very mild stammer” which the tribunal very much doubted was a disability. In any event, the sheer weight of evidence explaining the rejection of his job … Read more