In a discrimination case (specifically a direct discrimination complaint) one of the defence tactics an employer can deploy is the so called bastard defence; this can be paraphrased as an admission that the employer is shit and unfair to all its staff but the defence rests on the assertion that it is equally bad to … Continue reading ‘Bastard Defence’ fails at Alpha Omega Security
Section 15 of the Equality Act 2010 makes it unlawful to treat a disabled person unfavourably for something that arises in consequence of the person's disability. The Act itself defines the unlawful treatment in this way: 15 Discrimination arising from disability (1) A person (A) discriminates against a disabled person (B) if—(a)A treats B unfavourably … Continue reading Is it Proportionate?
An employer is obligated to make disability related reasonable adjustments in connection to work if an arrangement of an employer places the disabled employer at a substantial disadvantage. This is commonly referred to as the duty to make reasonable adjustments and is set out in section 20 of the Equality Act 2010. In the context … Continue reading Removal of a disability related adjustment amounts to a failure to make an adjustment
Just over a year ago the Employment Appeal Tribunal issued its decision in Lofty v Hamis t/a First Café and in its wake there was a lot of online discussions about whether precancerous conditions come within the deemed disability provisions of the Equality Act 2010. Normally, in order to be a disability for the purposes … Continue reading Pre-Cancer
Occupational Health advice is a means by which an employer can seek medical advice from qualified persons (usually a Dr or nurse) on what a medical issue is likely to mean for an employee in respect to their work. For example, how it the medical condition will affect attendance, how it will impact performance or … Continue reading Inadequate Enquiries
The Supreme Court has recently issued its judgement in Williams v The Trustees of Swansea University Pension and Assurance Scheme, a case that brings to a close a long running employment dispute on the scope of the protection against discrimination arising from disability in section 15 of the Equality Act 2010. Specifically, the case centred on … Continue reading Discrimination Arising from Disability and Unfavourable Treatment