EHRC ‘clarifies’ its position on Long Covid as disability

Over the weekend the Equality and Human Rights Commission (EHRC) issued a statement stating it was not its position that Long Covid (LC) was a disability. So irked was I that it prompted not one but two blogposts, the first on the statement and the second on how the Employment Tribunal have treated Long Covid … Continue reading EHRC ‘clarifies’ its position on Long Covid as disability

Long Covid and Disability

Earlier today the Equality and Human Rights Commission posted an incredibly unhelpful tweet on whether Long Covid is a disability. It includes a line of argument that is, I think, also inconsistent with the Statutory advice it has provided in its Employment Code so its inclusion is doubly confusing. What is disability in law? Going … Continue reading Long Covid and Disability

Discrimination in Dismissal Process does not make Dismissal unfair.

The Employment Appeal Tribunal's decision in Knightly v Chelsea & Westminster Hospital NHS Trust (2022) is another in a line of cases on the interrelation of the range of reasonable responses test in unfair dismissal and the proportionality test in discrimination cases. The disabled claimant who was dismissed after a long sickness absence claimed that … Continue reading Discrimination in Dismissal Process does not make Dismissal unfair.

‘Bastard Defence’ fails at Alpha Omega Security

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

Is it Proportionate?

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?

Removal of a disability related adjustment amounts to a failure to make an adjustment

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

Discrimination Arising from Disability and Unfavourable Treatment

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