Indirect disability discrimination (EqA s.19) Summary Indirect disability discrimination was new in the Equality Act. It can apply widely to disability, as the examples below show. Howev...
Knowledge of the disability under EqA Relevance of knowledge, and key points An employer has a defence to the reasonable adjustment duty if it did not know, and could not reasona...
S.60 EqA: Pre-employment enquiries Purpose and summary Before s.60 EqA, employers were in practice able to ask about health and disability at any time pre-recruitment, and the...
Definition of disability: guidance cannot override the statute Diana Kloss discusses the decision of Elliott v Dorset County Council, where the EAT overturned a tribunal decision that the claimant’s Aspe...
Substantial adverse effect Summary One requirement in order for there to be a ‘disability’ within the EqA is that the impairment has a ‘substantial adverse effect’ on ...
Discrimination arising from disability (EqA s.15) Summary Discrimination arising from disability is wide, and is much used by employees and job applicants. This wide scope is balanced by the...
Evidential value of OH report A Court of Appeal decision affirms that views of an OH doctor can be relevant evidence in a tribunal deciding whether there is a disability....
Constructive knowledge of a disability Diana Kloss discusses the decision in Q v L, a claim for reasonable adjustments. Confidential knowledge of OH was not attributed to the empl...
Disability: Is the employer treated as knowing what OH knows? The health professions are subject to ethical and legal rules on confidentiality. Does an employer have a defence to a claim for reasonable ...
Whether management deemed to know confidential OH information On a claim for reasonable adjustments, confidential knowledge of OH was not attributed to the employer, but the employer’s ‘lack...
