Colour vision standards for firearms officers A police force succeeded in showing it was justified in withdrawing an officer with defective colour vision from firearms duties, but not in...
Health risk on overseas assignment Diana Kloss considers the case of an employee with multiple health conditions who was turned down for an overseas assignment. Might he have ...
Overseas assignment refused for health reasons The Court of Appeal held it was not direct discrimination, and was justified on the facts, to refuse to send an employee with multiple healt...
Indirect discrimination: justification should not focus on claimant The EAT held the tribunal wrongly focused on whether an exception for the individual was justified, in an indirect discrimination claim. The...
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...
Long-term disability benefits scheme: rights to dismiss The EAT implied a contractual term restricting the employer’s right to dismiss an employee entitled under such a scheme, and said brea...
Multiple reasons for unfavourable treatment: s.15 EqA On a claim under s.15 Equality Act, the disability-related reason need not be the only, or even the main, reason for the unfavourable treatm...
Dismissal for failure to take drugs test was disability discrimination A disability discrimination claim succeeded where a claimant with depressive illness was dismissed for failing to undergo a drug and alcohol...
Fixed retirement ages for health and safety, and maximum recruitment ages Summary Compulsory retirement age Normally a compulsory retirement age is unlawful as direct age discrimination unless it can be justified b...
No defence that employer didn’t know misconduct was disability-related A misconduct dismissal was held to breach EqA s.15 even though medical evidence that it was related to the disability was not available to t...
