Home » Website updates November to December 2023

Website updates November to December 2023

Disclaimer – please read
This page does not apply outside Great Britain.
Last updated 25th December, 2023.

Regulations to retain some EU case law

The government has passed the Equality Act 2010 (Amendment) Regulations 2023 (legislation.gov.uk), SI 2023/1425, to preserve the effect of some EU case law after the end of 2023, particularly on the wider meaning of “disability” in employment claims, and who can claim indirect discrimination. Main discussion and updates:

Also, on how far courts should follow EU case law not included in such regulations, links added to Clearing up when the Courts will depart from retained EU case law (eurelationslaw.com) 13/12/23 – from Brexit: Effect of EU law when interpreting Equality Act from 2021 and from Retained EU Law Act 2023.

Case on normal day-to-day activities

In Williams v Newport City Council, a social worker had been traumatised by an experience in court. The employer introduced a requirement that she attend court if necessary. As a result she went off sick with stress.

The EAT held she was disabled within the EqA even if attending court was not a normal day-to-day activity. She was unable to do her work activities generally while that requirement was in place.

Most importantly for this website, though not necessary for the appeal, the EAT also said the employment tribunal (ET) had been entitled to decide that attending court was not a normal day-to-day activity.

Further, the ET held (and it was not appealed) that even if she had no disability, her unfair dismissal claim succeeded since any reasonable employer would have removed the requirement to attend court.

Adjustments in health services

Added Examples of adjustments and discrimination: service providers>Health services.

Court misperceiving effects of disability as dishonesty

Very brief update note added to Appearing in court about Habib v Dave Whelan Sports (bailii.org), August 2023, Employment Appeal Tribunal. The EAT overturned an employment tribunal decision which (broadly) found evidence of the claimant not to be credible, for reasons relating to her dyslexia, but failed to take account of the Equal Treatment Bench Book. The case would need to start afresh.

Appeal on universites’ duties

In December 2023, the High Court is to hear an appeal in an important case on EqA obligations of universities: Abrahart v University of Bristol: oral assessments led to suicide>Appeal.

In this tragic case, a physics student with depression and social anxiety disorder committed suicide when the university wanted her to be part of a group giving an oral conference presentation. The County Court held the university to be in breach of the Equality Act.

Criminal justice article

Links added to Stammering and the criminal justice system (stamma.org), 2022, from Appearing in court, and Police.

New EHRC website

Guidance and Codes of Practice: Equality Act 2010 updated for altered links to new EHRC website.

Examples of jobs

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

20th anniversary of stammeringlaw, 1999-2019