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Cases

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This page does not apply outside Great Britain.

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.

Owen v Amec Foster Wheeler Energy

The Court of Appeal held it was not disability discrimination on the facts to refuse to send an employee on an assignment to Dubai because of high medical risk. The case is of interest on direct disability discrimination (page not yet updated) – it is not enough that the reason…

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. The court held this regulation is incompatible…

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…

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,…

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…

Galo v Bombadier Aerospace

The court overturned a Northern Irish industrial tribunal decision because the tribunal had not made appropriate adjustments for the claimant’s Asperger’s Syndrome. The tribunal should have paid attention to the Equal Treatment Bench Book. An early ‘ground rules’ case management session should have been convened to meet the specific challenges…

Rackham v NHS Professionals

The EAT held that employment tribunals are under an obligation to make reasonable adjustments to accommodate disabled claimants, but sufficient adjustments had been made in the present case. Employment Appeal Tribunal, 2015. Full judgment: bailii.org. In outline The claimant had Asperger’s Syndrome. He had indicated he agreed to certain adjustments…

Banaszczyk v Booker

The EAT held that lifting weights in a warehouse up to 25kg was a normal day to day activity, even where the employer expected staff to do it at a particular speed (pick rate). The claimant’s back problem meant he did it significantly more slowly. The impairment therefore had a…

CLFIS (UK) Ltd v Reynolds

In deciding whether a dismissal (or other act) by a sole decision-maker is direct discrimination, the court looks only at the motivation of that decision-maker. However inputs into the decision, such as reports, could be separate acts of discrimination. Also it is different where a decision was made jointly. 2015,…

IB v Greece

The court found it was unlawful discrimination contrary to Article 14 ECHR to dismiss an employee because of his colleagues’ fears about him being HIV positive. Article 14 (non-discrimination) could apply because the case fell within the ambit of Article 8 (right to private life). European Court of Human Rights…

Finnigan v Northumbria Police

The Court of Appeal dismissed a claim for reasonable adjustments by a deaf person whose house was searched by the police. He argued they should have brought a sign language interpreter. The Court of Appeal upheld the decision that in this particular case it had been possible to establish effective…

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…

Edwards v Flamingo Land

The Court of Appeal held that a restaurant did not have to make a reasonable adjustment to allow a disabled family to eat in a picnic area immediately next to the outdoor tables. Whether or not that would be reasonable, it would be a different kind of service. The case…

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