Disability: ‘Long-term effect’ Summary ‘Long-term’ is assessed as at the time of the alleged discrimination. As at that time, the substantial adverse effect on normal day-...
Knowledge of the disability under EqA Relevance of knowledge, and key points An employer has a defence to the reasonable adjustment duty if it did not know, and could not reasona...
Constructive knowledge of disability if failure to refer to OH? An employer who had delayed investigating a grievance was held to have knowledge of the claimant’s disability, partly on the basis of ...
Health and safety as a justification for disability discrimination Summary An argument that health and safety justifies excluding a woman or someone with a disability or someone from an ethnic minority etc m...
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...
Harassment in the EqA Summary This page deals with harassment under s.26(1) EqA, which applies to most protected characteristics. Two other types of EqA harassme...
Court of Appeal considers third party harassment and agents under EqA The Court of Appeal considered how far an employer may be liable under the EqA for harassment by third parties. In Unite the Union v Nailard...
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...
Disability: Discrimination by association For direct discrimination and harassment, it need not be the claimant who has the disability under the Equality Act. Summary Discrimination ...
Dismissal for failure to take drugs test was disability discrimination A disability discrimination claim succeeded where a claimant with depressive illness was dismissed for failing to undergo a drug and alcohol...
