A claim for direct discrimination against a police force by a white heterosexual male succeeded. In giving preference to candidates with particular protected characteristics, the employer would have to meet the conditions of s.159 EqA, but had failed to do so. Giving preferential treatment to women – or for example to those of a particular... Read more »
There could be unlawful discrimination where (with no other jobs available) an employee was not warned he would be dismissed if he did not accept a revised role he had previously rejected. The claimant was dismissed following a period of long-term sickness absence with depression. He rejected a revised, lower paid role. The employer told... Read more »
An employer who failed to make reasonable enquiries as to whether the claimant had a disability was held not to have constructive knowledge of it under s.15 EqA because the enquiries would not have revealed the disability. The claimant was dismissed for poor attendance and poor time-keeping. The poor attendance was due to mental and... Read more »
Diana Kloss’s latest blog considers the case of an employee with multiple health conditions who was turned down for an overseas assignment. In Owen v Amec Foster Wheeler Energy the Court of Appeal considered whether an employer was entitled to refuse to send an employee to work on a project in Sharjah, Dubai, United Arab... Read more »
The Court of Appeal has upheld EAT and tribunal decisions that direct discrimination because the employer perceived the claimant to have a disability within the Equality Act is unlawful. A constable applied for transfer to another area. She had a hearing impairment which did not affect her ability to operate as a constable, and her... Read more »
The EAT upheld a decision that the employer could not reasonably be expected to know of the disability, partly because there were reasoned OH reports that the claimant did not have a disability. The claimant had a poor attendance record going back to the beginning of his employment. He then had two periods off work... Read more »
The Court of Appeal has confirmed a previous EAT decision which held that payments for voluntary overtime, if ‘normal’, should be included in holiday pay for the four-week EU minimum holiday period. The Court of Appeal said the tribunal must decide whether the pattern of work is ‘sufficiently regular and settled’ for payments made in... Read more »
ROH was held liable for damages to a viola player, based on a breach of the Noise Regulations before October 2013. Before October 2013 a breach of statutory duty under health and safety regulations normally conferred a civil right of action for damages. In Goldscheider v Royal Opera House www.bailii.org/ew/cases/EWCA/Civ/2019/711.html the claimant was a viola... Read more »
The Court of Appeal held it was not direct discrimination, and was justified on the facts, to refuse to send an employee with multiple health conditions to the United Arab Emirates. The claimant was a disabled person with double below knee amputations, type 2 diabetes, hypertension, kidney disease, ischaemic heart disease and morbid obesity. The... Read more »
The EAT held that facial disfigurement and other side effects did not mean diplopia (double vision) was not ‘correctable’ by a contact lens. Normally whether something is a disability within the Equality Act 2010 is assessed disregarding measures being taken to treat or correct it. However there is an exception for a sight impairment correctable... Read more »
