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 ...
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...
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-...
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 ...
