L & Dunn v Ministry of Defence: no disability discrimination claim by former member of armed forces

The Equality Act 2010 (EqA) employment provisions exclude disability discrimination claims by members of the armed forces. On the wording of the EqA, such claims by former members are also excluded. Overruling a previous tribunal decision, the EAT held that the EqA cannot be re-interpreted under human rights law to allow a former member of … Read more

Website updates November to December 2025

Research on eyewitness testimony of people who stammer Recent study by the University of Bath, including credibility of witnesses who stammer compared with those who do not, with mock jurors. More: Research on eyewitness testimony of people who stammer, 2025. Unfair dismissal changes, and passing of Employment Rights Act 2025 The Employment Rights Act 2025 … Read more

Bailey v Stonewall: “causing” another person to discriminate

The Court of Appeal discussed the test for whether a person “caused” discrimination by another, so as to be liable under s.111(2) Equality Act 2010 (EqA). The court said that once “but for” causation is established, the tribunal has to decide whether it is fair or just or reasonable to find the person liable, with … Read more

CRE v ISTD: “inducing” discrimination

In this 1982 case, an employer asked the head of careers at a school for suitable applicants for a job. The employer said it would rather she did not send anyone coloured. The EAT held this was unlawful as attempting to “induce” discrimination, contrary to the Race Relations Act 1976. To “induce” meant “to persuade … Read more

Research on eyewitness testimony of people who stammer, 2025

The University of Bath has conducted a study: K.Maras et al, “Eyewitness testimony by individuals who stammer: Evidence, experience and perceived credibility”, https://doi.org/10.1111/bjop.70014 Very briefly, some points from the study: It should be noted that this study was not of witnesses speaking in a courtroom setting, or in a group setting. Each witness was interviewed … Read more

“Bervidi” case: reasonable adjustments for someone else’s disability

The EU Court of Justice held that under the EU Framework Employment Directive, both indirect discrimination and the duty to make reasonable adjustments can apply in relation to someone else’s disability, at least as regards a parent seeking adjustments from her employer to care for her disabled child. Unless it spurs the government to amend … Read more

Website updates September to October 2025

End the phone call nightmares: STAMMA campaign For International Stammering Awareness Day 2025, on 22nd October, STAMMA is launching a new campaign: End the phone call nightmares: STAMMA campaign. Influencer “mocked” by football club’s video of stammering A TikTok influencer who stammers says she was left feeling humiliated after Borussia Dortmund used video of her. … Read more

End the phone call nightmares: STAMMA campaign

For International Stammering Awareness Day 2025, on 22 October, STAMMA is launching a campaign to end phone call nightmares for people who stammer. STAMMA (the British Stammering Association) organised a survey asking people who stammer about their most recent phone call with a business: STAMMA links are: Relevant pages on my website include Voice recognition … Read more

Website updates July to August 2025

Employment Rights Bill updates Government letter of July 2025 on harassment by third parties, added to Third party harassment proposals. Added dates when changes in Employment Bill are expected to come into force, according to the government’s Implementation Roadmap (pdf, gov.uk), July 2025 – for third party harassment proposals, and for Unfair dismissal rights from day one and Extension of … Read more

Website updates May to June 2025

Coffee shop barista laughs at customer’s stammer Added Coffee shop barista laughs at customer’s stammer (May 2025). The customer had stammered when asked to give his name in Starbucks. Indirect discrimination case on “bleep test” for police recruits Added a rather odd – and perhaps misleading – case where the EAT seems to have said … Read more