AE Proctor Ltd v Hutton

Employment Appeal Tribunal, 18.12.00, 1319/99. Full judgment: An employee was dismissed allegedly due to his dyslexia. The employment tribunal found that his dyslexia did not have the required substantial effect and so was not a disability. The tribunal commented amongst other things that he knew how to use a spell check and he now … Read more

James v Eastleigh Borough Council

House of Lords, 1990. Full judgment: The Council provided free swimming facilities for old age pensioners. At the time this meant the qualifying age was 65 for men and 60 for women. The House of Lords held this was sex discrimination, regardless of motive. The test was objective. ‘But for’ his gender, a man … Read more

Vicary v British Telecommunications plc

Employment Appeal Tribunal, 1999. Full judgment: 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 more

Greenwood v British Airways

Employment Appeal Tribunal, 1999. Full judgment: 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 more

Buxton v Equinox Design

Employment Appeal Tribunal. [1999] IRLR 158. Full judgment: 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 more

Ridout v TC Group

When applying for a job, the claimant disclosed she had photo-sensitive epilepsy controlled by medication. She said at the start of the interview she might be disadvantaged by the lighting in the room. The employer thought she just meant she might need to use the sunglasses which hung from her neck – which in fact … Read more

Kenrick v HJ Heinz Co Ltd

Employment Appeal Tribunal, 1999. Full decision: 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 more

Kapadia v London Borough of Lambeth

Employment Appeal Tribunal, 1999. Full decision: 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 more

Morse v Wiltshire County Council

Employment Appeal Tribunal, 1998. Full decision: 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 more

Goodwin v Patent Office

Employment Appeal Tribunal, 1998. Full judgment: 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 more