Personal injury: Traumatic shock Key points: This page deals with personal injury claims for psychiatric injury through having been involved in or witnessed an accident. Occ...
Health and safety as a justification for disability discrimination Summary An argument that health and safety justifies excluding a woman or someone with a disability or someone from an ethnic minority etc m...
Sources of law ‘Common law’ is law created by judges when giving decisions on actual disputes. The doctrine of precedent states that the decisi...
Knowledge of the disability under EqA Relevance of knowledge, and key points An employer has a defence to the reasonable adjustment duty if it did not know, and could not reasona...
Disability: Discrimination by association For direct discrimination and harassment, it need not be the claimant who has the disability under the Equality Act. Summary Discrimination ...
Recommendation where worker alleged to have been bullied The tribunal could make a recommendation that the employer undertake not to have the claimant work with particular colleagues in future, bac...
Harassment in the EqA Summary This page deals with harassment under s.26(1) Equality Act 2010, which applies to most protected characteristics. Two other types o...
Whether work-related stress ended by dismissal was ‘long-term’ The EAT held that work-related stress may be long-term even if the worker is dismissed within 12 months after it started. The claimant was o...
Test on recruitment: failure to make adjustment for Asperger’s A job applicant with Asperger’s Syndrome did not pass a situational strengths test and so was not put through to the next stage, a Sky...
Disability: Direct discrimination Summary Direct discrimination effectively sets a boundary to the objective justification defence, since this defence is not available for di...