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...
Whether work-related stress ended by dismissal was ‘long-term’ The EAT held that work-related stress may be long-term even if the worker is dismissed within 12 months after it started. The claimant was o...
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...
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...
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...
Disability: Direct discrimination Summary Direct discrimination effectively sets a boundary to the objective justification defence, since this defence is not available for di...
Disability: Effect of medical treatment Measures being taken to treat or correct an impairment are discounted in deciding whether it has a long-term substantial effect so as to be ...
Disability-related reason need not be main reason for dismissal The EAT considered, under s.15 EqA (discrimination arising from disability), a case where there were also non-disability-related reasons for...
Lying at pre-employment A controversial subject concerns what should happen to an employee who is found to have lied about, or withheld health information requested...
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-...
