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:
- Retained EU Law Act 2023,
- EU Framework Employment Directive,
- Brexit, EU law and disability discrimination under Equality Act 2010, and
- Connection of employment with Great Britain>Wider scope through EU law (Bleuse principle) no longer applicable after Brexit?
Examples of jobs
Added to Examples of jobs done by people who stammer/ stutter:
- Mark Jones, rugby player:
- My notoriety meant no one noticed I could hardly speak (stamma.org), December 2023
- Book review: Fighting to speak (stamma.org), December 2023 – review of autobiography
- Parliamentary candidate: MP candidate withdraws after stammering abuse (stamma.org), February 2024.
- Previous updates Website updates November to December 2023.
