UK disability discrimination law and stammering / stuttering
When an employer is seeking to justify a dismissal under s.15 EqA (discrimination arising from disability), does it matter that the procedure leading up to the dismissal is unsatisfactory? The EAT here held that it is the outcome, the dismissal, that must be justified rather than the process or procedure leading up to it. However … Read more
This tragic case involved a physics student with depression and social anxiety disorder. The university continued to seek to use oral interviews to assess her, even though she failed to attend most of them. This continued after the university knew she had a mental health problem connected to the interviews. She committed suicide in her … 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 claimant had epilepsy and vitiligo. From online research she took various steps which she was convinced would help her conditions but were not supported by professional advice, such as avoiding coffee and alcohol, and not exposing her body to cosmetics and cleaning products. The EAT held that these restrictions on her life – due … Read more
The claimant had dyspraxia, and argued he should have been allowed a reasonable adjustment of applying for a job orally rather than having to do so online. The EAT held the Employment Tribunal had been wrong to strike out the claim as having no reasonable chance of success. The judge should have considered the possibility … 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
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
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
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
The EAT held that in deciding whether there is a breach of s.15 EqA (discrimination arising from disability), the dismissal itself is separate from any later internal appeal decision on it. The tribunal claim in this particular case only covered the original dismissal, at which time the employer had no knowledge of the disability. So … Read more