Lying at pre-employment A controversial subject concerns what should happen to an employee who is found to have lied about, or withheld health information requested...
Disability: human rights challenge to excluded conditions? An appeal tribunal in an education case has held it contravened human rights law to exclude from the Equality Act an autistic child with agg...
Disability: ‘Impairment’ Summary A disability within the EqA must be a ‘physical or mental impairment’. This phrase is very wide. Tribunals take a functi...
Disability: ‘Long-term effect’ Summary ‘Long-term’ is assessed as at the time of the alleged discrimination. As at that time, the substantial adverse effect on normal day-...
Constructive knowledge of disability if failure to refer to OH? An employer who had delayed investigating a grievance was held to have knowledge of the claimant’s disability, partly on the basis of ...
Discrimination based on fear of future disability Diana Kloss looks at discrimination based on a fear that a job applicant may develop a disability in the future, in the light of the EAT dec...
‘Tendency to steal’: disability discrimination The EAT upheld the tribunal’s right to decide whether there was dishonesty in deciding if a claimant with dissociative amnesia had a &...
Obesity Obesity is not necessarily a ‘disability’, but will be if the impairments (eg mobility) meet the normal definition. It may be a disability e...
What is a ‘disability’? Equality Act 2010 defines a disability as a physical or mental impairment which has a substantial and long-term adverse effect on the person...
Discrimination arising from a disability: misconduct cases The Court of Appeal has confirmed that employers who know of a disability can be liable for disability discrimination for imposing a disprop...
