M v Jacksons Dairy: perceived discrimination
In M v Jacksons Dairy, the claimant mentioned his stammer in his CV when applying for a job. He was rejected without an interview. He did not claim that he had a disability within the EqA, but that he was rejected because the employer perceived he had a disability. The employment tribunal rejected his claim for direct disability discrimination, because it was for him to show the employer perceived his stammer to be a disability, and he had not done so. However, he also claimed direct race discrimination, and that claim succeeded.
Spurred by that case, Perceived disability also reviewed and updated, including particularly Perceived disability>Applying ‘perceived disability’ to stammering.
Agency staff and other ‘contract workers’
Reviewed and updated: Agency staff and other ‘contract workers’ under the EqA.
Non-disclosure agreements on discrimination or harassment
The Employment Rights Act 2025 will require any non-disclosure agreements (NDAs) relating to discrimination or harassment within the EqA to meet specified conditions. The government has published a consultation on what these conditions should be: Non-disclosure agreements on discrimination or harassment>Consultation.
Handa case
Added Handa v Station Hotel (Newcastle), EAT, 2025, on whether an external person conducting a disciplinary procedure was liable as an agent for the employer. The case related to whistleblowing, but the agency test for that is similar to the EqA. The EAT said that external HR consultants appointed by an employer to conduct an investigation and disciplinary hearing were arguably its agents as regards actions within their remit.
Employer’s liability for staff who are not own ’employees’
Added Who is liable under the Equality Act?>Staff who are not ’employees’: eg volunteers, agency staff.
Disability pay gap reporting
In March 2026 the UK government published a consultation response, including draft primary legislation, on proposals to require large employers to report on their disability (and ethnicity) pay gap. See Disability pay gap reporting.
Volunteers and interns
Volunteers and interns page reviewed and updated, including particularly Legal contract to do work (‘workers’) and Technical Note linked from it.
The page deals with how far volunteers, including unpaid interns, are protected by the EqA, under its employment or other provisions.
Vento bands
The courts take the ‘Vento bands’ into account in deciding the amount of compensation for injury to feelings. These bands are updated for inflation each year. They have just been updated for employment tribunal claims brought on or after 6th April 2026: see Remedies in employment disputes>Injury to feelings: the ‘Vento bands’
Shift in burden of proof
Proving discrimination>Shift in burden of proof expanded.
Examples of jobs
Added to Examples of jobs done by people who stammer/ stutter:
- Patrick Campbell: TV personality & humorist, 1913-1980. Can be seen (stammering) in –
- this Call my bluff (BBC iPlayer) from April 1976, and
- Dick Cavett show, 1971, on YouTube 1 (talking twice about his stammer), and YouTube 2.
- Previous updates Website updates January to February 2026.
