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...
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...
Perceived disability and covert surveillance The EAT rejected a claim that covert surveillance of an employee claiming reasonable adjustments for dyslexia was harassment or victimisatio...
Confidentiality – new GMC guidance (part 2) The second part of Diana Kloss’s blog on the revised General Medical Council (GMC) guidance on confidentiality and how it will affect OH pra...
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 ...
What is a mental impairment? Diana Kloss considers the case of Herry v Dudley Metropolitan Council, in which an employee who had been absent for more than two years with...
Long-term work-related stress and disability The EAT held that a long-term refusal to return to work due to the stress of unresolved issues there was not necessarily a disability within...
Mental health: Is there a ‘disability’ within the EqA? Key points Generally The normal definition of disability in s.6 EqA applies. Since 2005, it is no longer necessary for a person to have a ‘c...
