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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.

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….

VL v Szpital Klinicnzy

The employer offered a monthly allowance to people who submitted a disability certificate after a certain date to encourage more people to do so, but not to those who had submitted one before that date. The EU Court held that less favourable treatment of some disabled people compared to other…

Uber v Aslam: self-employed workers

The Supreme Court held that Uber drivers (in London) were “workers” and therefore entitled to the national minimum wage, paid holiday and whistleblowing protection. The court downgraded the importance of written documents (controlled by the ’employer’) in deciding whether someone is a worker, and emphasised that employers cannot ‘contract out’…

Y v West Yorkshire Combined Authority

A claimant who stammers argued that the employer should have made further adjustments to an interview and presentation, for example expressly telling him he had extra time, follow-up questions where his answers were unduly short, and arrangements to enable him to keep eye contact. The tribunal held that on the…

Heskett v Secretary of State for Justice

The Court of Appeal upheld the “cost plus” principle, in the sense that saving or avoidance of costs will not without more amount to a ‘legitimate aim’ in seeking to justify discrimination. However this does not prevent an employer from relying on a legitimate aim of needing to reduce its…

Stammering case with impact statement, 2020

Below are an impact statement and other documents used in an employment tribunal case in 2020, arguing that the stammer (a severe one) was a disability within the Equality Act. Table of page contents DocumentsEmployer’s argumentsTribunal case management orderMy comments Documents The documents were not professionally drafted and aren’t presented…

Robinson v Department for Work and Pensions

An employment tribunal held that various failures by the employer, including delay in dealing with a grievance on disability, were unlawful ‘discrimination arising from disability’ (s.15 EqA). The Court of Appeal overturned the decision. The tribunal normally had to consider the employer’s thought processes in deciding whether the employer’s reason…

G v British Airways

The tribunal refused to allow a claimant to amend his claim to add disability discrimination related to stammering. From listening to him, the tribunal said there was a “discernible, very mild stammer” which the tribunal very much doubted was a disability. In any event, the sheer weight of evidence explaining…

C v Spencer & Arlington

The claimant was dismissed for various reasons including bullying and threatening colleagues. The employment tribunal rejected a claim he had a stammer which (he said) started in adulthood. He contended that the stammer was why he had raised his voice in a meeting, but he gave a different explanation at…

JD and A v United Kingdom

One claimant cared full-time for her adult daughter who had severe disabilities. They had specially adapted accommodation. Her Housing Benefit was reduced because of an ‘extra’ bedroom (the ‘bedroom tax’). It would have been highly undesirable for the claimant to have to move. The court held this was potentially discrimination…

Ishola v Transport for London

The Court of Appeal considered whether a one-off act could be a “provision, criterion or practice” (PCP) giving rise to a reasonable adjustment claim. The court said that a “practice” does not need to have been applied to anyone else. However it should carry with it an indication that it…

Bessong v Pennine Care NHS Foundation Trust

This case suggests there may be a claim for indirect discrimination against an employer who does not take adequate action against harassment by third parties such as customers. The employment tribunal held the employer liable as regards its failure to ensure all racial abuse was reported. However this part of…

Igweike v TSB Bank

The issue was whether the claimant had a disability within the Equality Act. The EAT followed the Paterson decision. It said that in deciding if an effect on normal day-to-day activities is substantial (ie more than minor or trivial), the tribunal should look at the effect on that individual’s abilities….

British Telecommunications v Meier

A job applicant was at a disadvantage in a situational judgment test because he had Asperger’s syndrome. This test was the initial stage in the recruitment process. The employer refused to interview him when he failed it. The court held this was a failure to make reasonable adjustments. It did…

Anderson v Turning Point Eespro

An employment tribunal had made a reasonable adjustment by referring a disabled claimant to the Bar Pro Bono Unit (now called Advocate), to get a free legal representative. The Court of Appeal held this was sufficient adjustment, on the facts. The court said normally it is entirely appropriate for a…

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20th anniversary of stammeringlaw, 1999-2019