Ill health dismissal and the EqA

Summary It can sometimes be lawful under the Equality Act to dismiss a disabled person who is unable to do the job. However, an employer sho...

Dismissal for long-term absence: Overview

In the case of long-term absence, what are the key points, and what difference does it make whether a person has a ‘disability’? Introductio...

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...

Court of Appeal considers third party harassment and agents under EqA

The Court of Appeal considered how far an employer may be liable under the EqA for harassment by third parties. In Unite the Union v Nailard...

Good practice guide: dismissal of an employee after long-term sickness absence

Good practice guides are meant as general guidance for practitioners to help them comply with the law and good practice, rather than explain...

‘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 ...

Protected characteristics under EqA

Introduction A common misconception is that unjustified discrimination on any ground is unlawful. However, the EqA only covers discriminatio...

Disability

This section deals with ‘disability’ under the Equality Act 2010. Essentials The definition of disability – ‘physica...