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….
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…
Website updates March to April 2021
Table of page contents Oral assessments and presentations in recruitmentUK-EU Trade and Cooperation AgreementCourt of Appeal decision on ‘workers’, following Uber caseACAS early conciliationImportant change to Civil Procedure RulesFurther transparent…
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…
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…
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…
Website updates January to February 2021
Table of page contents Equal Treatment Bench BookUber caseExamples of reasonable adjustments: RecruitmentNHS Stammering Network Igweike v TSB BankRidout case – constructive knowledgeSources of help and adviceInsurance cover in service…
Website updates November to December 2020
Table of page contents BrexitKnowledge of disabilityY v West Yorkshire Combined AuthorityExamples of jobsCovid-19Northern Ireland and BrexitFailure to modify behaviourDisability employment gap – call for evidence“Cost plus” principle: justification defenceNew…
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…
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…
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….
Website updates September to October 2020
Table of page contents Stammering case with impact statement, 2020Staff disability networks Discrimination by algorithm in recruitmentIs the stammer a disability?Scottish Stammering Network websiteWhich UK courts need not follow EU…
“Find the right words” campaign by Stamma
This campaign aims to kick-start a conversation around the negative language used when talking about stammering, and help those who don’t stammer to understand that this is just how some…
Website updates July to August 2020
Table of page contents Stammering starting in adulthoodJustification test in indirect discriminationNorthern Ireland discrimination law after Brexit transition periodCity of York Council v GrossetThought processes of employerFurther cases on discrimination…
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…
Coronavirus (Covid-19)
Social distancing for the Covid-19 can present extra challenges for people who stammer. The move away from meeting face-to-face due to social distancing requirements (below) can create particular difficulties if…
