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?

Menopause, Disability and the Equality Act 2010.

In recent months I have assisted in a case in which a worker was on the brink of dismissal for absences that were entirely attributable to her experience of menopause (thankfully averted, the dismissal that is). In another a worker was subject to a misconduct allegation for an emotional and out of character outburst that … Continue reading Menopause, Disability and the Equality Act 2010.

Short term sickness absences and disability

It has been covered a few times and will hopefully be clear to readers that if a worker is absent from work and the reason for the absence is because of a disability related reason then the employer may is likely to be under a duty to make disability related adjustments if, because of those … Continue reading Short term sickness absences and disability

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

Disability and Disciplinary Dismissals

In recent weeks the Employment Appeal Tribunals judgement in Thomson v Imperial College Healthcare NHS Trust has been published. The key issue which has been attracting comment is the endorsement of the first tier tribunal's decision that a dismissal may be unfair because of the choice of the decision maker, even when there is no … Continue reading Disability and Disciplinary Dismissals

Is Diabetes Necessarily a Disability?

If a person has type 2 Diabetes are they necessarily disabled under the Equality Act 2010? This was the question considered by the Employment Appeals Tribunal in Metroline Travel Ltd v Stoute [2015] UKEAT 0302_14_2601. The claimant had type 2 diabetes but was not on medication for this but did control his condition by controlling … Continue reading Is Diabetes Necessarily a Disability?