Blackwood v Birmingham and Solihull Mental Health NHS Foundation Trust

The court re-interpreted the Equality Act to comply with EU law, so that a student discriminated against by her work placement provider was not left without a claim. She was entitled to claim against the provider in an employment tribunal. Her right to do this should be excluded only so far as the EqA provisions … Read moreBlackwood v Birmingham and Solihull Mental Health NHS Foundation Trust

MM & DM v Secretary of State for Work and Pensions

Mental health patients (MHPs) claiming Employment and Support Allowance (ESA) argued that the government is failing to make reasonable adjustments under Equality Act 2010. The Court of Appeal largely upheld an Upper Tribunal judgment which had found MHPs are being put at a substantial disadvantage. (The tribunal had felt unable to decide on current evidence … Read moreMM & DM v Secretary of State for Work and Pensions

Chacón Navas v Eurest Colectividades SA

This European Court of Justice (ECJ) held that under the Framework Employment Directive a ‘disability’ is a long term limitation which results from physical, mental or psychological impairments and hinders participation in professional life. The case has influenced UK tribunals to take account of an impairment’s effect on work-related activities in deciding whether it is … Read moreChacón Navas v Eurest Colectividades SA

Sobhi v Commissioner of Police of the Metropolis

The EAT again extended the normal meaning of ‘normal day-to-day activity’ in the light of European law. The EAT held that applying to become a police constable was a ‘normal day-to-day activity’. A memory impairment which led to the claimant not disclosing a previous conviction had a long-term adverse effect on such an application, and … Read moreSobhi v Commissioner of Police of the Metropolis

Mental Health Care v Biluan

In selecting employees for redundancy, the employer carried out a competence assessment which failed to take into the opinion of managers who had worked with the relevant employees. Managers found the results ‘surprising’ and considered they had led to the selection and dismissal of some ‘very good workers’. The employer was held liable for unfair … Read moreMental Health Care v Biluan

Ring v Dansk almennyttigt Boligselskab

The European Union court modified its definition of ‘disability’ in the Framework Employment Directive, to take greater account of the social model of disability. This model recognises the barriers caused by the envionrment and people’s attitudes to disability. The court also said the aim of the reasonable adjustment duty was to remove barriers that hinder … Read moreRing v Dansk almennyttigt Boligselskab