Disability

The Equality Act 2010 sets out a definition of disability, which must be met for an individual to be protected from disability discrimination. Where an individual meets the definition of disability, the employer has a duty to make reasonable adjustments to enable him or her to overcome disadvantages in the workplace.

An employee will be disabled under the Equality Act 2010 if he or she has a physical or mental impairment that affects the ability to carry out normal day-to-day activities. The adverse effect on this ability must be substantial and long term.


Lecturer called ‘mad as a box of frogs’ wins constructive dismissal claim

A former university lecturer has successfully brought a constructive unfair dismissal claim at an employment tribunal after the education establishment...

Why placing people in groups based on risk goes against inclusivity

29 Jun 2020

As employers prepare to return to work, many are considering certain groups of employees based on their risk factors. But...

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Why diversity and inclusion is critical to business recovery

11 Jun 2020

Diversity and inclusion could form a cornerstone of businesses' recovery after the coronavirus pandemic, the CIPD's Festival of Work heard.

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Charity worker unfairly dismissed after whistleblowing on foul banter

27 May 2020

A charity worker who blew the whistle on colleagues for using foul language and mocking someone with a physical disability...

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Recent case shows employers must consider disability before dismissing staff

13 May 2020

Leeds Teaching hospital case casts fresh light on organisations vulnerability to discriminatory decisions.

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Firms face legal ‘minefield’ when staff return to work

12 May 2020

Employers face a ‘minefield’ of legal risks when they bring staff back into the workplace, especially if they ask workers...

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Access to Work scheme broadened to help disabled staff work from home

11 May 2020

The scope of the government’s Access to Work scheme has been broadened to include support for disabled employees who need...

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Boots employee banned from taking breaks wins £7k at employment tribunal

27 Apr 2020

Long-term employee with a spinal condition was banned from taking a break and told to learn what 'professionalism' meant.

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Virgin Atlantic pilot’s unfair dismissal claim reinstated

6 Apr 2020

A Virgin Atlantic pilot rumoured to have slept during a flight is claiming unfair dismissal against his employer after failing flight simulation tests.

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Acas working from home guidance: be ‘practical, flexible and sensitive’

20 Mar 2020

Acas has published new best practice guidance on working from home as more employers ask staff to avoid workplaces amid...

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DWP loses 12.5% disability discrimination claims

9 Mar 2020

The Department for Work and Pensions lost one in eight disability discrimination cases brought against it in 2016-19 – more...

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Capping disabled police officers’ pay-outs was discriminatory

28 Feb 2020

The decision to cap compensation for two police officers with disabilities to prevent them from receiving a “windfall” was unfavourable...

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NHS staff survey reveals little progress in boosting health and wellbeing

19 Feb 2020

Only three out of 10 (29.3%) NHS staff say their trust takes positive action on health and wellbeing, with many...

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On the case: reasonable adjustments and tribunal proceedings

19 Feb 2020

Employers should be well aware of their obligations to make reasonable adjustments for disabled employees or job candidates. But what...

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Weekly earnings exceed pre-economic crisis levels

18 Feb 2020

The end of 2019 saw average weekly wages reach their highest since pre-2008 economic crisis levels, but pay growth has...

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