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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.


    • Tribunal Watch
    • Case law
    • Disability discrimination

    Mother dismissed over absenteeism suffered sex discrimination

    by Stephen Simpson 14 Sep 2015
    by Stephen Simpson 14 Sep 2015

    An insurance company committed sex discrimination against a mother dismissed over absenteeism linked to her daughter’s ill health, an employment...

    • Reasonable adjustments
    • Tribunal Watch
    • Disability

    Disability discrimination: NHS discriminated against worker with cancer

    by Stephen Simpson 1 Sep 2015
    by Stephen Simpson 1 Sep 2015

    An NHS trust discriminated against an employee with cancer who attended a competitive interview during a redeployment exercise, an employment...

    • Absence
    • Collective redundancy
    • Case law

    Five important employment law cases in 2015… and five more to come

    by Stephen Simpson 10 Aug 2015
    by Stephen Simpson 10 Aug 2015

    We round up five significant employment case law decisions that have already been made in 2015, and look at five...

    • Tribunal Watch
    • Bullying and harassment
    • Disability discrimination

    Dismissal of employee with disabled daughter was associative disability discrimination

    by Stephen Simpson 27 Jul 2015
    by Stephen Simpson 27 Jul 2015

    An employer committed associative disability discrimination against an employee following indications that he would be increasing the time spent with...

    • Tribunal Watch
    • Reasonable adjustments
    • Alcohol and drug misuse

    Tribunal watch: Unfair dismissal for smelling of alcohol at work

    by Stephen Simpson 8 Jun 2015
    by Stephen Simpson 8 Jun 2015

    An employment tribunal has held that an NHS worker was unfairly dismissed after a colleague reported him for smelling of...

    • Reasonable adjustments
    • Disability discrimination
    • Employment tribunals

    How much guidance is an employment tribunal expected to give a litigant in person?

    by Adam Hartley 13 May 2015
    by Adam Hartley 13 May 2015

    In DLA Piper’s latest case report, the Employment Appeal Tribunal (EAT) considered if a tribunal panel had been wrong for...

    • Case law
    • Disability discrimination
    • Violence at work

    Definition of disability: guidance on exclusion of “tendency to physically abuse”

    by Adam Hartley 6 May 2015
    by Adam Hartley 6 May 2015

    In DLA Piper’s latest case report, the upper tribunal in a special educational needs case provides guidance on the exclusion...

    • Case law
    • Disability
    • Disability discrimination

    Disability discrimination: when diabetes is not a disability

    by Darren Newman 13 Apr 2015
    by Darren Newman 13 Apr 2015

    Consultant editor Darren Newman considers a recent Employment Appeal Tribunal decision involving the concept of diabetes as a disability for...

    • Case law
    • Disability discrimination
    • Obesity

    Obesity discrimination: study reveals prejudice among employers

    by Clare Allerton 9 Apr 2015
    by Clare Allerton 9 Apr 2015

    “Obese workers are unable to play a full role in the business,” “they wouldn’t be able to do the job...

    • Reasonable adjustments
    • Case law
    • Disability discrimination

    Duty to make reasonable adjustments not triggered when no indication of return to work

    by Jessica Smith 19 Mar 2015
    by Jessica Smith 19 Mar 2015

    In DLA Piper’s latest case report, the Employment Appeal Tribunal (EAT) held that the duty to make reasonable adjustments was...

    • Vexatious claims
    • Case law
    • Disability discrimination

    Serial litigant banned from further tribunal claims

    by Kate Hodgkiss 3 Mar 2015
    by Kate Hodgkiss 3 Mar 2015

    In DLA Piper’s latest case report, the Employment Appeal Tribunal (EAT) granted an indefinite restriction of proceedings order preventing further...

    • Tribunal Watch
    • Disability discrimination
    • Race discrimination

    Tribunal watch: Unfair dismissal over social media “selfie” wearing Osama Bin Laden mask

    by Stephen Simpson 16 Feb 2015
    by Stephen Simpson 16 Feb 2015

    A worker who placed on social media a “selfie” of himself wearing an Osama Bin Laden mask at work was...

    • Case law
    • Bullying and harassment
    • Disability discrimination

    First UK tribunal finds worker’s obesity eligible for disability protection

    by Rob Moss 11 Feb 2015
    by Rob Moss 11 Feb 2015

    A UK employment tribunal has become the first to consider obesity as a disability following last year’s ruling in the...

    • Reasonable adjustments
    • Enhanced pay
    • Fit for Work

    Top 10 HR questions in January 2015: Fit for Work

    by Personnel Today 3 Feb 2015
    by Personnel Today 3 Feb 2015

    Parts of the Fit for Work service, the government-funded occupational health advice service, are now in operation, with the rest...

    • Reasonable adjustments
    • Candidate experience
    • Disability discrimination

    One in three disabled jobseekers face discrimination

    by Clare Allerton 2 Feb 2015
    by Clare Allerton 2 Feb 2015

    More than one-third (37%) of disabled jobseekers have been discriminated against during the recruitment process, according to new research.
    In...

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