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…
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…
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,…
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…
Blackwood v Birmingham and Solihull Mental Health NHS Foundation Trust
The court re-interpreted the Equality Act to comply with EU law, so that a student discriminated against by her work placement provider was not left without a claim. She was…
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…
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…
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…
Chacón Navas v Eurest Colectividades SA
This European Court of Justice (ECJ) held that under the Framework Employment Directive a ‘disability’ is a long term limitation which results from physical, mental or psychological impairments and hinders…
Royal Bank of Scotland v Allen
The Court of Appeal found a bank to be in breach of the reasonable adjustment duty, because its main branch in Sheffield was not accessible to wheelchair users. Even if…
Sobhi v Commissioner of Police of the Metropolis
The EAT again extended the normal meaning of ‘normal day-to-day activity’ in the light of European law. The EAT held that applying to become a police constable was a ‘normal…
Mental Health Care v Biluan
In selecting employees for redundancy, the employer carried out a competence assessment which failed to take into the opinion of managers who had worked with the relevant employees. Managers found…
Ring v Dansk almennyttigt Boligselskab
The European Union court modified its definition of ‘disability’ in the Framework Employment Directive, to take greater account of the social model of disability. This model recognises the barriers caused…
Jamieson v Chorlton High School
Facts A teacher was dismissed for inappropriate behaviour with a former pupil. The tribunal upheld the teacher’s claim that this was discrimination arising from disability within s.15 EqA. The teacher’s…
B v Servisair (UK) Ltd
The tribunal decided that the applicant’s speech impediment was a ‘physical impairment’ within the DDA. Since it undisputedly met the other requirements to be a ‘disability’, the applicant was a…
Cruickshank v VAW Motorcast
The claimant’s asthma appeared particularly at work where he was subjected to chemical fumes. The employment tribunal did not see that work situation as a ‘normal day-to-day activity’, so did…