S.15 EqA: ‘less advantageous’ treatment was not unfavourable A disabled worker taking ill health retirement was treated more favourably than non-disabled workers, but less favourably than someone who h...
Inability to return to workplace that caused the depression The claimant saw her current workplace as having caused her mental health condition, and felt unable to return there. The reasonable adjustm...
Multiple reasons for unfavourable treatment: s.15 EqA On a claim under s.15 Equality Act, the disability-related reason need not be the only, or even the main, reason for the unfavourable treatm...
Case on written warning under sickness absence policy The EAT held a written warning under a sickness absence policy to be in breach of the Equality Act (EqA), after the employer failed to consu...
Discrimination arising from a disability: misconduct cases The Court of Appeal has confirmed that employers who know of a disability can be liable for disability discrimination for imposing a disprop...
Dismissal where depression due to difficulties with colleagues at work The EAT largely upheld a tribunal decision that (on the facts) a college was entitled to dismiss a lecturer who had been off work with a dep...
EAT considers pay compensation for disabled employee The EAT went some way – but not that far – in considering Equality Act issues on redeployment and pay while off sick. In West v Royal Bank o...
No defence that employer didn’t know misconduct was disability-related A misconduct dismissal was held to breach EqA s.15 even though medical evidence that it was related to the disability was not available to t...
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...
Disability absence as ‘context’ rather than cause of redundancy dismissal The EAT upheld a decision that on the facts there was no discrimination arising from disability (s.15 EqA) where a claimant who had been abs...
