Disability discrimination

Disabled people are protected in the workplace against direct and indirect disability discrimination, harassment and victimisation because of their disability. Disability discrimination legislation covers disabled employees, but also disabled job applicants in the recruitment process.

Under the Equality Act 2010, an employer has an active duty to make reasonable adjustments for a disabled person where its policies or practices, or physical feature of its premises, put a disabled employee at a substantial disadvantage in comparison with a non-disabled person.


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Tory manifesto: National retraining, NI holidays and more gap reporting

Theresa May launched the Conservative Party’s 2017 election manifesto today, and for HR and employers there are no big surprises....

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Social media misconduct: dismissal harsh but fair

17 May 2017

An employment tribunal has held that the dismissal of a long-serving employee over derogatory comments she made on Facebook about...

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How would scrapping the 12-month mental health requirement affect employers?

15 May 2017

Proposed changes by the Conservatives could see people with shorter-term mental health issues protected by disability discrimination laws. Yvonne Gallagher...

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Homeworking

Legal and practical tips for employers on homeworking

10 May 2017

This month on 19 May it is “National work from home day”. So what should employers be aware of if...

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Recruitment: psychometric test was discriminatory, holds EAT

8 May 2017

Recruiters will have to be more careful about adjustments to the format of recruitment assessments for disabled job applicants, following...

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Short-term sickness absence policy: a 15-step guide for HR

3 May 2017

Putting together a short-term sickness absence policy can be one of the most daunting tasks an HR professional can face....

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Long-term sickness absence policy: a 16-step guide for HR

3 May 2017

A watertight long-term sickness absence policy can give employees who are off work for an extended period the best chance...

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Long-term sick leave dismissals: court guidance on borderline cases

21 Mar 2017

The Court of Appeal has provided guidance on when employers can dismiss an employee on long-term sick leave, in what...

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Mental health at work: look at the causes as well as the cure

1 Feb 2017

Theresa May recently pledged to tackle the stigma around mental health problems with a host of new initiatives. However, HR...

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Social media misconduct: fair dismissal over historic tweets

19 Jan 2017

An employment tribunal held that a long-serving employee was fairly dismissed for making derogatory comments about his colleagues and his...

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Tribunal Watch: Teacher’s dismissal for showing 18-rated film to pupils

9 Jan 2017

Tribunal Watch returns with a round-up of recent case law reported in the news. The Employment Appeal Tribunal (EAT) upheld...

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Duty to make reasonable adjustments: five tips from case law

5 Dec 2016

The duty to make reasonable adjustments for disabled workers requires employers to consider what is “reasonable”. But how can employers...

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The 10 most important employment law cases in 2016

30 Nov 2016

What were the most significant employment case law decisions in 2016? Stephen Simpson counts down the 10 most important judgments...

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pre-employment medical screening

Tips for dealing with difficult pre-employment medical screening issues

8 Nov 2016

The Equality Act 2010 introduced a ban on pre-employment medical screening before a job offer is made. Six years on,...

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Case law on discrimination arising from disability questions  when employers should make  reasonable adjustments

Are ‘discrimination arising from disability’ claims an easy route to employment tribunal wins?

5 Oct 2016

The number of employment tribunal claims for discrimination arising from disability appears to be rising. John Charlton looks at what...

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