S v Translink

An existing employee applied for a job as a signalman. He failed a ‘competence-based interview’ as he did not provide enough examples and evidence of his competencies. The tribunal held that his stammer was a disability. However, it held there was no breach of the duty to make reasonable adjustments because the employer could not … Read more

HM Land Registry v Wakefield, EAT decision

An employment tribunal originally decided that a job candidate with a stammer should have been allowed to give written responses to interview questions, by way of reasonable adjustment. The Employment Appeal Tribunal reversed the tribunal decision, largely on the ground that some findings of fact by the tribunal could not be supported. Employment Appeal Tribunal … Read more

Wakefield v HM Land Registry, Employment Tribunal decision

THIS EMPLOYMENT TRIBUNAL DECISION HAS BEEN REVERSED ON APPEAL, in the light of the evidence in the particular case. This page summarises the original Employment Tribunal decision – but it is important to look also at the appeal decision. The Employment Tribunal decided that a person with a stammering problem in interviews should have been … Read more

S v The Lord Advocate

A lawyer with a stammer was turned down for a job. His DDA claim failed on the grounds that the stammer did not have a ‘substantial’ effect. It was acknowledged that all the other requirements for the stammer to be a disability were met. Employment Tribunal, Case no. S/401513/99, February 2000. Facts The claimant was … Read more

Heatherwood & Wrexham Park Hospitals Trust v Beer

The EAT considered a case where stuttering was one of the symptoms of a mental impairment. Employment Appeal Tribunal, 2006. Full judgment: bailii.org. The claimant was employed by an NHS Trust. In November 2002 she was suspended from work following an incident involving a patient. In March 2003, her GP noted her ‘low mood’ but … Read more

S v Tesco

A person who stammers claimed she had been turned down for a job as a wages clerk because of her stammer. The appeal was on a procedural point, and so does not determine the outcome of the case. Employment Appeal Tribunal, 2006. Full decision: bailii.org. The claimant worked as a general assistant in a petrol … Read more

Y v Bradford Council

An employer adjusted the recruitment process for a person with a severe stammer by allowing written responses to pre-set interview questions, and a written equivalent of a presentation exercise. However, there was held to be a breach of the reasonable adjustment duty. The claimant had not been given enough time for the written presentation. Also … Read more

T v Office for National Statistics

The claimant was black and had a stammer. He was dismissed during his probationary period principally because of a “sharp and sudden decline in his attitude and behaviour”. The tribunal held his stammer was a disability within the DDA 1995, but his claim failed because the tribunal found he was not dismissed for a reason … Read more

Y v Calderdale Council

Employment Tribunal, Case No. 1806514/02, July 2003. An employment tribunal found that an employer had not made sufficient reasonable adjustments to the recruitment process for a person who stammers. More time was allowed for the interview, but the amount of information the person was able to convey compared to other candidates was still much reduced. … Read more

B v Apcoa Parking

Employment Tribunal, Case No. 2403061/02, November 2002 & April 2003. The applicant resigned his job as a parking attendant and successfully claimed to the Tribunal for unfair dismissal. The Tribunal agreed that because of the employer’s conduct the applicant had been constructively dismissed and the dismissal was unfair. A relatively small part of the relevant … Read more