Disability: ‘Normal day-to-day activities’

Summary For there to be a disability, the impairment must normally have a substantial, long-term adverse effect on ability to carry out ‘nor...

S.15 EqA: justification of steps under absence management procedure

The EAT held it will normally be a question of whether individual steps under the procedure are justified, rather than the procedure as a wh...

Reasonable adjustments – again

Diana Kloss looks at a recent EAT decision on reasonable adjustments to pay. The Equality Act 2010 imposes a duty on employers to make re...

Adjustments to the meeting

Where OH is asked whether a worker is fit to attend a hearing, OH should consider what adjustments could be made to the hearing to help it p...

Fitness to attend hearing

What this Topic deals with This Topic deals with the common scenario where an employee goes absent with ‘stress’, ‘anxiety’ or ‘depression’,...

Pay and the reasonable adjustment duty

The EAT has said it may in individual circumstances be reasonable to allow a disabled employee to retain previous pay for a less skilled job...

Does the manager know what OH knows?

This is a topic which has caused much debate over the years and where the law is still not clear. The problem in a nutshell is this: an em...

Knowledge of disability not imputed on direct discrimination claim

In direct discrimination, the focus is on the motivations and knowledge of the individual decision maker. The EAT has held In Gallop v Newpo...

Attendance management and reasonable adjustments

A key decision of the Court of Appeal has made clear that it may be a reasonable adjustment to increase the number of days’ absence that wil...

Equality Act 2010: five years on

The Equality Act (EqA) is now more than five years old. Most of it took effect on 1st October 2010. It is a good time therefore to look fair...