Disability: Effect of medical treatment Measures being taken to treat or correct an impairment are discounted in deciding whether it has a long-term substantial effect so as to be ...
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...
Lying at pre-employment A controversial subject concerns what should happen to an employee who is found to have lied about, or withheld health information requested...
Disability: ‘Long-term effect’ Summary ‘Long-term’ is assessed as at the time of the alleged discrimination. As at that time, the substantial adverse effect on normal day-...
Constructive knowledge of disability if failure to refer to OH? An employer who had delayed investigating a grievance was held to have knowledge of the claimant’s disability, partly on the basis of ...
Inability to return to workplace that caused the depression The claimant saw her current workplace as having caused her mental health condition, and felt unable to return there. The reasonable adjustm...
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...
Discrimination arising from a disability: misconduct cases The Court of Appeal has confirmed that employers who know of a disability can be liable for disability discrimination for imposing a disprop...
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...
Perceived disability and covert surveillance The EAT rejected a claim that covert surveillance of an employee claiming reasonable adjustments for dyslexia was harassment or victimisatio...
