James v Eastleigh Borough Council

House of Lords, 1990. Full judgment: bailii.org. The Council provided free swimming facilities for old age pensioners. The qualifying age was accordingly 65 for men and 60 for women. The House of Lords held that this was sex discrimination, regardless of motive. The test was objective. ‘But for’ his gender, a man of 61 like … Read moreJames v Eastleigh Borough Council

Vicary v British Telecommunications plc

Employment Appeal Tribunal, 1999. Full judgment: bailii.org. A woman had a disability relating to the use of her right arm and hand, and suffered pain doing various tasks. The employment tribunal held that she did not have a disability as it did not have a “substantial” effect. For example, the employment tribunal had said that … Read moreVicary v British Telecommunications plc

Greenwood v British Airways

Employment Appeal Tribunal, 1999. Full judgment: bailii.org. Since 1993 the applicant had suffered from the clinically well recognised illness of depression, but seemed to have recovered completely. Nonetheless he was turned down for promotion, and was told that his was because he was seen as unreliable due to his previous sickness and non-cooperation in moving … Read moreGreenwood v British Airways

Buxton v Equinox Design

Employment Appeal Tribunal. [1999] IRLR 158. Full judgment: bailii.org. A multiple sclerosis sufferer was dismissed. The Industrial Tribunal awarded £7,627.50 compensation, including £500 for injury to feelings. The Employment Appeal Tribunal said that given there was no maximum limit on compensation the tribunal should have considered more carefully the compensation for future loss, perhaps involving … Read moreBuxton v Equinox Design

Ridout v TC Group

Employment Appeal Tribunal, 1998. Full decision: bailii.org. The applicant disclosed she had photo-sensitive epilepsy controlled by medication. Her claim failed because the employers could not be expected to know that the lighting arrangements at the interview would disadvantage her. The applicant had a very rare form of epilepsy and the tribunal was entitled to conclude … Read moreRidout v TC Group

Kenrick v HJ Heinz Co Ltd

Employment Appeal Tribunal, 1999. Full decision: bailii.org. An employee was dismissed after a long period of being sick off work. Only after the dismissal did it become entirely clear that he had ME or Chronic Fatigue Syndrome. The Employment Tribunal held he had been unlawfully discriminated against. The EAT dismissed the employer’s appeal against this … Read moreKenrick v HJ Heinz Co Ltd

Kapadia v London Borough of Lambeth

Employment Appeal Tribunal, 1999. Full decision: bailii.org. An accountant suffered from reactive depression and was retired on medical grounds. One of the issues was whether counselling which he was having with a consultant clinical psychologist fell within Schedule 1 para 6. The EAT held it did fall within para 6. The court therefore had to … Read moreKapadia v London Borough of Lambeth

Morse v Wiltshire County Council

Employment Appeal Tribunal, 1998. Full decision: bailii.org. The applicant was a road worker. In a redundancy situation, the employing Council preferred qualified drivers. The applicant had limited movement and grip in his right hand, stiffness in his right leg and a susceptibility to blackouts. These limitations led to his being selected for redundancy. The Industrial … Read moreMorse v Wiltshire County Council

Goodwin v Patent Office

Employment Appeal Tribunal, 1998. Full judgment: www.bailii.org. The applicant was a paranoid schizophrenic and had been dismissed by his employer following complaints of colleagues. He imagined that others could access his thoughts, and misinterpreted words and actions of colleagues in a paranoid way. Also, he often left the office, due to auditory hallucinations. However, he … Read moreGoodwin v Patent Office