Many court decisions have a separate page on this website. These are listed below and on the following pages (see links at the bottom). A separate page lists only cases on stammering.
W v TJ Morris (t/a Home Bargains)
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…
Primaz v Carl Room Restaurants t/a McDonald’s Restaurants
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…
Mallon v Aecom: auxiliary services, and help from others
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…
Garcia v The Leadership Factor: “clear voice”
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…
M v Real Care Agency
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…
C v Menzies Aviation
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…
N v Packaging Automation: need for evidence of disability
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…
Stott v Ralli
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…
Follows v Nationwide Building Society
An employment tribunal held that a worker caring for her disabled mother could claim indirect disability discrimination when asked to give up home-working. This was even though it was the mother rather than the claimant who was disabled. However being only a tribunal case, it does not set a precedent….
Little Mix concert: case on BSL interpreters
The County Court held that organisers of a music concert had breached the reasonable adjustment duty by not arranging BSL interpreters for deaf audience members. 2021, County Court. Summary of judgment: Discrimination in access to events: is there a duty to provide live sign language interpretation at music concerts? (cloisters.com)…
R (Rowley) v Minister for the Cabinet Office: BSL interpreters
The High Court held that the UK government had failed to make a reasonable adjustment by not providing British Sign Language (BSL) interpreters for two televised Coronavirus data briefings. However for ongoing Coronavirus briefings – given the use of detailed data slides – the court held that “in-screen” BSL interpretation…
R (VC) v Secretary of State for the Home Department
This appeal concerned reasonable adjustments for those with mental illnesses detained under the Immigration Act. The Court of Appeal held that the Secretary of State had failed to make reasonable adjustments, such as arranging advocates to assist mentally ill detainees in making representations about decisions to detain them. The court…
M v Ban-Car Hotel
The tribunal found the claimant was disabled within the Equality Act, by reason of her stammer and depression. However it held there was no discrimination, so her claim failed overall. 2021, Employment Tribunal. Full decision (pdf, gov.uk). (There are also earlier decisions (gov.uk) on applications to strike out the claim.)…
Elliot v Dorset County Council
The EAT stressed that in assessing whether the effect of an impairment is “substantial” under the Equality Act, the tribunal should start from the statutory wording of whether the effect is more than “minor or trivial”. The Guidance and Code of Practice do not add extra requirements; they should not…
O v TC Facilities Management
The claimant’s employment was terminated without notice due to his alleged “verbal and threatening behaviour towards management” at a meeting. Part of the problem was him speaking loudly and quickly at the meeting – he had a stammer which caused him to do this when trying to communicate under stress….
