Arising in consequence

For disabled employees the Equality Act 2010 sets out seven different types of discrimination. Of all the these it is the concept of discrimination arising from disability that I have found to be most useful when assisting employee in workplace disputes. I have discussed this before on the blog (see here and here)  but, by … Continue reading Arising in consequence

Disability needs to be ‘long term’ at the time of mistreatment

The question of whether an employee can successfully challenge an employer for disability discrimination will depend on the employee being determined to be disabled at relevant time. Therefore, if an employee is dismissed of 1 April but an Employment Tribunal determines that the employee only became disabled on 14 April there will be no disability … Continue reading Disability needs to be ‘long term’ at the time of mistreatment

Disability and Issue Estoppel

In responses to employment tribunal claims it is sometimes argued that a tribunal does not have jurisdiction to hear the complaint because the tribunal is 'estopped' (prohibited) from deciding an issue because it has already been decided by the Tribunal. This can occur when a claimant has previously made an employment tribunal claim. The basic … Continue reading Disability and Issue Estoppel

The duty to make reasonable adjustments

The BBC have been reporting that a Belfast women has won a £2,000 disability discrimination after event organisers, Eventsec Ltd, failed to make reasonable adjustments. The case itself, as reported by the BBC (I have not seen the judgement, strikes me as a helpful case with which to explain the duty). The duty to make … Continue reading The duty to make reasonable adjustments

Pimlico Plumbers Visit the Supreme Court

It is only less than two months since Don Lane, a worker for courier firm DPD, died after DPD fined him £150 for having the audacity of attending a necessary hospital appointment.  As a 'self-employed' worker workers like Lane have very few effectively no employment rights. For example, fining a worker for attending a disability … Continue reading Pimlico Plumbers Visit the Supreme Court

The BMA, 54000 Doctors, and NHS Whistleblowing

Writing in 2007 in the British Medical Journal Anthony Frais criticised the decision of whistleblowers such as Graham Pink to blow the whistle on insufficient staffing where this impacted patient safety in the following terms: Pink ignored the option not to whistleblow despite the repercussions on his career. With the odds of success against him, … Continue reading The BMA, 54000 Doctors, and NHS Whistleblowing

Jeremy Hunt: Protecting NHS Whistleblowers, except Junior Doctors

Section 43A-L of the Employment Rights Act 1996 provides that if a worker is subjected to a detriment because of their whistleblowing they have a right to complain to an employment tribunal; it is an important right that – however inadequately – provides some assurance that a worker will not be penalised for raising concerns … Continue reading Jeremy Hunt: Protecting NHS Whistleblowers, except Junior Doctors

Knowledge of Disability in Recruitment Processes

It is (in most cases) unlawful to not select a candidate to a job because they are disabled or for reasons related to their disability. It is difficult to be precise but it is a rare employer where the success rates of disabled candidates applying for posts equals the success rates of non-disabled applicants. Anecdotally, … Continue reading Knowledge of Disability in Recruitment Processes

Constructive Dismissal with Notice

When an employer commits a serious breach of contract that an employee believes undermines their contract common law dictates that they have two choices. They can: Accept the breach and continue working (perhaps because the employees would face destitution if they were not not do so) Resign their employment (making sure they inform the employer … Continue reading Constructive Dismissal with Notice

Disability and Normal Day to Day Activities

Under the Equality Act a person is disabled if they have an long term impairment that substantially affects a person’s ability to perform “normal day to day activities.” Guidance has been given to employees and employers on identifying whether a person is disabled in the Office of Disability Issue’s statutory guidance on disability. This is … Continue reading Disability and Normal Day to Day Activities