Objective justification and disability Summary The employer has a defence to discrimination arising from disability (s.15) and, less importantly in practice, indirect discriminati...
Provision of services, and public functions Introduction This website deals mainly with the employment provisions of the Equality Act 2010 (EqA). However, the EqA is much broader than ...
Definition of disability: guidance cannot override the statute Diana Kloss discusses the decision of Elliott v Dorset County Council, where the EAT overturned a tribunal decision that the claimant’s Aspe...
Test on recruitment: failure to make adjustment for Asperger’s A job applicant with Asperger’s Syndrome did not pass a situational strengths test and so was not put through to the next stage, a Sky...
Disability: The definition The definition, and deciding whether it is met ‘Disability’ is defined in s.6 EqA as follows: There is supplementary detail on the definitio...
Disability: human rights challenge to excluded conditions? An appeal tribunal in an education case has held it contravened human rights law to exclude from the Equality Act an autistic child with agg...
Examples of reasonable adjustments In the Code of Practice The former Disability Discrimination Act 1995 (DDA) incorporated a non-exhaustive list of possible adjustments in th...
Selection tests Diana Kloss reviews a decision that the way an employer conducted a psychometric test as part of its recruitment process was unlawful disabi...
Pre-employment: Equality Act Summary Job descriptions or person specifications should avoid unnecessary requirements, particularly those which may prejudice those with a...
