UK disability discrimination law and stammering / stuttering
The claimant’s disabilities made it difficult for him to get a PhD. The university required candidates for promotion to be on a pathway to a PhD or equivalent. It also required there to be a business case for the role. The claimant’s disability discrimination claims failed, because there was no business need in the relevant … Read more
The claimant made various employment tribunal (ET) claims, which the ET rejected. The Employment Appeal Tribunal (EAT) said that the ET, in deciding to doubt the truthfulness of the claimant’s evidence, had relied on behaviour which could arise from her dyslexia, without considering the Equal Treatment Bench Book. The ET hearing was unfair, and there … Read more
The EAT said that to have jurisdiction in an Equality Act (EqA) claim, an employment tribunal needs “international jurisdiction” (under ss.15C or 15D CJJA if the dispute relates to an individual contract of employment), and also the dispute must fall within the territorial reach of the EqA under cases such as Lawson and Ravat (“territorial … Read more
The EAT considered the test for who is an “agent” under s.109 Equality Act (EqA), so that the person for whom they act is liable for them under the EqA. The tribunal EAT held that the doctors in this case might be agents within s.109 even though they were in business on their own account. … Read more
The EAT held that under s.15 EqA, unfavourable treatment can be “because of” something arising from the disability even though the something is only a minor component of the reason for the unfavourable treatment, provided it is “significant” so as to be an “effective cause”. S.15 could apply even though the main reasons for dismissing … Read more
The claimant was no longer able to do his job, due to his disability. The employer considered him not suitable for an alternative role, but a employment tribunal held it would have been a reasonable adjustment to offer him a trial period in it. The EAT upheld the tribunal decision, saying that a trial period … Read more
A university was held liable under the Equality Act. It had insisted on continuing with oral assessments of a physics student who had depression and social anxiety disorder. She committed suicide on the day when she was to be part of a group giving an assessed conference presentation. The High Court upheld a County Court … Read more
The claimant’s answers in an interview were not full enough, as he limited them due to his stammer. He called this his “restrictive mode”. The employer knew of his stammer. However, the tribunal found the employer did not have actual or constructive knowledge of the disadvantage. The tribunal therefore rejected his claim for reasonable adjustments. … Read more
A social worker had been traumatised by an experience in court. The employer introduced a requirement that she attend court if necessary. As a result she went off sick with stress. The EAT held she was disabled within the EqA even if attending court was not a normal day-to-day activity. She was unable to do … Read more
The employment tribunal found that the claimant’s stammer was not a disability within the Equality Act. The burden of proof was on the claimant, and he had not presented sufficient evidence to show that his stammer had a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities. That was supported … Read more