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…
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…
Website updates May to June 2020
Table of page contents New tribunal decisions on stammeringCustomer service jobStammering starting in adulthoodAdjustments in court proceedingsUpdate of 2012 tribunal case on stammeringCoronavirus (Covid-19)Courts and CoronavirusVoice risk analysisAmerican firefighter caseEmployment…
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…
Website updates March to April 2020
Table of page contents Coronavirus (Covid-19)NHS workersUN Convention on the Rights of Persons with Disabilities (CRPD)Vento bandsPolice and prisonsHuman rights Coronavirus (Covid-19) Social distancing for Coronavirus can present extra challenges…
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’)….
