Good practice guide: Fitness to attend capability and disciplinary interviews Good practice guides are meant as general guidance for practitioners to help them comply with the law and good practice, rather than explain...
Perceived disability and covert surveillance The EAT rejected a claim that covert surveillance of an employee claiming reasonable adjustments for dyslexia was harassment or victimisatio...
Whose responsibility is it to propose reasonable adjustments? Emily Yeardley looks at a recent EAT decision on reasonable adjustments and whether an employer can limit itself to reasonable adjustments s...
Reasonable adjustment need not be suggested by claimant The EAT confirmed that an employer may be liable for failure to make a reasonable adjustment even if it was not suggested by the employee at...
What is a mental impairment? Diana Kloss considers the case of Herry v Dudley Metropolitan Council, in which an employee who had been absent for more than two years with...
‘Likelihood’, progressive conditions, and type 2 diabetes in EqA The claimant argued his type 2 diabetes was a ‘progressive condition’ under the Equality Act. That was not decided, but the EAT ...
Is the worker fit to attend? Summary In an increasing number of cases, employees accused of misconduct go absent with stress, and submit that they are too unwell to atte...
Supreme Court ruling on wheelchair spaces The Supreme Court has held that a bus company failed to make sufficient reasonable adjustments when a non-wheelchair user refused to vacate ...
Long-term work-related stress and disability The EAT held that a long-term refusal to return to work due to the stress of unresolved issues there was not necessarily a disability within...
Mental health: Is there a ‘disability’ within the EqA? Key points Generally The normal definition of disability in s.6 EqA applies. Since 2005, it is no longer necessary for a person to have a ‘c...
