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...
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...
Consultation on reducing ill health-related job loss The government has published a consultation paper ‘Health is everyone’s business: proposals to reduce ill health-related job loss̵...
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: 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...
S.15 EqA: ‘less advantageous’ treatment was not unfavourable A disabled worker taking ill health retirement was treated more favourably than non-disabled workers, but less favourably than someone who h...
Case on written warning under sickness absence policy The EAT held a written warning under a sickness absence policy to be in breach of the Equality Act (EqA), after the employer failed to consu...
Dismissal where depression due to difficulties with colleagues at work The EAT largely upheld a tribunal decision that (on the facts) a college was entitled to dismiss a lecturer who had been off work with a dep...
EAT considers pay compensation for disabled employee The EAT went some way – but not that far – in considering Equality Act issues on redeployment and pay while off sick. In West v Royal Bank o...
Sick pay, pay protection, and Equality Act 2010 Summary The courts have generally held that an employer does not have an obligation to pay extra sick pay under disability discrimination le...
