Second Employment Tribunal determines Long Covid can be a disability

Last month the EHRC supervised a fiasco when it issued guidance that Long Covid could not a disability. It was a legal nonsense but, given the position it holds, the guidance was damaging in potentially giving employers a false sense of security and dissuading victims of discrimination asserting their rights. I posted a number of … Continue reading Second Employment Tribunal determines Long Covid can be a 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.

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?

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

Direct Discrimination: Burden of Proof

In this third post on direct discrimination I am going to comment on the role of section 136(2) of the Equality Act which provides that when considering a discrimination complaint that If there are facts from which the court could decide, in the absence of any other explanation, that a person (A) contravened the provision … Continue reading Direct Discrimination: Burden of Proof

Direct Discrimination: Reason and Intention

Over the next couple of days I will be posting a four part series on direct discrimination, specifically on the role of intent, causation, proving discrimination and what defences are available. It is not a detailed explanation but an introduction to these four aspects. To someone who has not had personal experience of the legal … Continue reading Direct Discrimination: Reason and Intention

Institutional Racism Lives On

If UKIP are to be believed there is no longer a problem with racism in UK society, let alone in employment. On that basis the 'we're not racist but ...' UKIP are keen on the scrapping of race discrimination laws that provide some (marginal) legal protections for minority groups in the UK. Over recent months … Continue reading Institutional Racism Lives On

Indirect Discrimination and Fixed Term Workers

A few weeks ago I made reference to the preamble of European Council Directive 1999/70/EC on fixed term appointments which states that the "parties to this agreement recognise that contracts of an indefinite duration are, and will continue to be, the general form of employment relationship between employers and workers." Likewise, the Civil Service Management … Continue reading Indirect Discrimination and Fixed Term Workers

Changes of Contract and the Equality Act

Claims under sections 19 and 20 of the Equality Act 2010 require that a provision, criterion or practice place (or in s.19 would place if applied) an individual with a protected characteristic at a substantial (in the case of section 20) or a particular (in the case of section 19) disadvantage. In Edie & 15 … Continue reading Changes of Contract and the Equality Act

Race and Caste Discrimination

Imagine you work in a company with two employees, both Indian, and an employer who is also Indian. You come from the Dalit caste in the caste system, meanwhile your employer and a fellow employee performing the same role as both share a higher caste. You notice that despite having exactly the same job as … Continue reading Race and Caste Discrimination