Outcome vs process in justifying dismissal The EAT has held that in considering the justification defence under s.15 Equality Act, it is the outcome of the decision-making process ...
Importance of employer’s thought processes in claim under s.15 EqA Tribunals deciding whether unfavourable treatment was ‘because of’ something arising from disability under s.15 EqA should norma...
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...
‘Unfavourable treatment’ under s.15 EqA on police voluntary redundancy The Employment Appeal Tribunal (EAT) upheld a decision that a cap on a payment for voluntary redundancy was unfavourable treatment within s....
Failure to warn of dismissal if redeployment not accepted There could be unlawful discrimination where (with no other jobs available) an employee was not warned he would be dismissed if he did not a...
Knowledge of disability: if enquiries would have made no difference An employer who failed to make reasonable enquiries as to whether the claimant had a disability was held not to have constructive knowledge ...
Knowledge of disability: reasoned OH report The EAT upheld a decision that the employer could not reasonably be expected to know of the disability, partly because there were reasoned O...
Disability-related reason need not be main reason for dismissal The EAT considered, under s.15 EqA (discrimination arising from disability), a case where there were also non-disability-related reasons for...
S.15 EqA: mistaken belief by employee The EAT held that a mistaken belief by an employee that her disability would be adversely affected by a change in working arrangements was n...
Dismissal for urinating in loading yard A lorry driver with type 2 diabetes dismissed for urinating in a loading yard succeeded in claims for disability discrimination and unfair d...
