C & C v The Governing Body of a School

Regulations say that a tendency to physical abuse cannot be a disability under Equality Act 2010. It had therefore been held that an autistic child with a tendency to lash out could not claim under the EqA when he was excluded from school. However the Upper Tribunal held this regulation is incompatible with Article 14 … Read more

Unite the Union v Nailard

The Court of Appeal held that failure of managers to do enough to prevent harassment by a third party was only a breach of the Equality Act if the manager had a discriminatory motivation. Howerer in the present case the union was liable anyway because the harassment was by officials who were its agents. Also … Read more

Lee v Ashers Baking (‘gay cake’ case)

A bakery in Northern Ireland refused to supply a cake iced with the message “support gay marriage” because of the religious beliefs of its owners. The Supreme Court held this was not discrimination by association because the objection was to the message, not to any particular person or persons. Supreme Court, 2018, www.bailii.org/uk/cases/UKSC/2018/49.html Facts A … Read more

City of York Council v Grosset

A teacher showed an 18-rated film to a class (younger than 18). The school dismissed him for misconduct. The teacher’s error of judgment was due to stress which largely arose from his disability, cystic fibrosis. The school knew of the cystic fibrosis, but not that it was a cause of his showing the film. The … Read more

Enver Şahin v Turkey

A university in Turkey had not made adjustments to a building to make it accessible for a paraplegic student. The Human Rights court in Strasbourg held this was discrimination contrary to Article 14 of the European Convention of Human Rights. It said Article 14 includes an obligation to make reasonable adjustments (at least in education, … Read more

M v Mitie Aviation Security

A claimant who spoke fast, and may or may not have had cluttering or a stammer, was held not to have a disability within the Equality Act. Employment tribunal, June 2017. Full decision: gov.uk. The claimant had a speech disorder manifesting as fast speech. A speech and language therapist suggested it was perhaps ‘cluttering’ or … Read more

Blamires v Local Government Ombudsman

The claimant had ME/CFS, and also dystonia which affected her speech. She referred a complaint against a county council to the Local Government Ombudsman and requested support because of her and her husband’s disabilities, including one or more face-to-face meetings rather than just using email. The Ombudsman lost the request, and turned down subsequent requests … Read more

Government Legal Service v Brookes

A job applicant who was on the austistic spectrum asked the employer to allow her to give narrative answers in an assessment as part of a highly competitive recruitment process. She said the normal system of selecting from multiple choice answers put her at a disadvantage. The employer refused. The EAT upheld her claim for … Read more

Home Office v Kuranchie

The EAT upheld a claim for reasonable adjustments even though the claimant had not suggested the adjustment to the employer at the time. 2017, Employment Appeal Tribunal (EAT). Full judgment: www.bailii.org/uk/cases/UKEAT/2017/0202_16_1901.html Facts The claimant had dyspraxia and dyslexia. She spoke to her then line manager about her disability, telling him how the lack of adjustments … Read more

Paulley v First Group plc

A bus company had a policy that if a wheelchair user needed the wheelchair space, the driver would request other passengers to vacate it, but would not require them to. The Supreme Court held that the driver need not actually require the non-disabled passenger to move, but if after making a request the driver considers … Read more