Home » Website updates January to February 2024

Website updates January to February 2024

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Last updated 23rd February, 2024.

EAT decision on stammering

The employment appeal tribunal (EAT) has issued its decision in Glasson v The Insolvency Service. The claimant’s answers in an interview were not full enough, as he limited them due to his stammer. He called this his “restrictive mode”. The employer knew of his stammer. However, the tribunal found the employer did not have actual or constructive knowledge of the disadvantage. The tribunal therefore rejected his claim for reasonable adjustments. It also rejected a claim under s.15 EqA. On appeal, the EAT has now upheld this tribunal decision.

High Court confirms university liable under EqA on oral assessments

On 14th February, 2024, the High Court upheld a County Court decision finding a university under the Equality Act. The case is Abrahart v University of Bristol (that page not yet properly updated). The High Court decision is at bailii.org/ew/cases/EWHC/KB/2024/299.html.

This tragic case involved a physics student with depression and social anxiety disorder. The university continued to seek to use oral interviews to assess her, even though she failed to attend most of them. This continued after the university knew she had a mental health problem connected to the interviews. She committed suicide in her flat on the day when the university wanted her to be part of a group giving an oral conference presentation. The County Court – now upheld by the High Court – held the university liable under the Equality Act.

Disability hate crimes/incidents

Disability hate crimes page revived, particularly in the light of the appalling experiences recounted in MP candidate withdraws after stammering abuse (stamma.org), February 2024

Positive experience with hospital consultant

The consultant requested a double slot for the next appointment of a patient who stammers. However, this did not happen: Positive experience with hospital consultant, linking to a STAMMA article.

Also added to Examples of adjustments and discrimination: service providers>Health services.

University claims it didn’t know of UCAS applicant’s stammer

Added University claims it didn’t know of UCAS applicant’s stammer, with link to Mentioning stammering on a UCAS form (stamma.org). A sixth former applying to a university was unable to respond as he wished in an online interview with it, as he was anxious and flustered after accidentally being kept for a long time in an online waiting room.

Employment tribunal fees

There are currently no employment tribunal fees, but the government has issued a consultation on re-introducing them: Employment tribunal fees: may be re-introduced.

Normal day-to-day activities

Major review and update of Disability: ‘Normal day-to-day activities’, particularly in the light of the extended meaning now expressly given to “normal day-to-day activities” in employment claims by EqA Sch 1 para 5A (from 1st January, 2024), and the EAT decision in Williams v Newport City Council which considered whether attending court was a normal day-to-day activity.

Brexit: Effect of EU law

Major update of Brexit: Effect of EU law when interpreting Equality Act, from 2024, reflecting the REUL Act 2023, and the regulations on normal day-to-day activities above.

Also updated:

Examples of jobs

Added to Examples of jobs done by people who stammer/ stutter:

20th anniversary of stammeringlaw, 1999-2019