Duty to adjust sickness policy?

The Court of Appeal has recently considered whether sickness absence policies that apply equally to disabled and non-disabled employees can be capable of putting disabled employees at a disadvantage. If not, then no reasonable adjustments would be required. Background This… Read on

Disability : tough case on redundancy adjustments

We report on a tough case about reasonable adjustments for a disabled employee in a redundancy situation. Here, the Tribunal doubted whether selecting the best candidate for the alternative role was a legitimate aim where there is a disabled candidate.… Read on

Type 2 diabetes a disability?

People are more likely to develop type 2 diabetes if they are overweight or obese. In this case, the EAT had to decide whether the diabetes amounted to a disability. Background Mr Stout was employed by Metroline Travel Ltd… Read on

Non-payment of bonus disability discrimination

A bonus scheme penalising employees for their poor sickness records was disability discrimination, holds the EAT, even though the bonus administrator had no knowledge of the disability. Background The employer in this case, the Land Registry, operated a bonus scheme… Read on

Reasonable adjustments – when does the duty apply?

This case holds that there is no duty to make reasonable adjustments until an employee is ready to return to work. Read the full decision in Doran v Department for Work and Pensions. Background In January 2010, Miss Doran… Read on

Obesity can constitute a disability

Mr Kaltoft is 1.72 metres tall and weighs over 100kg. This gives him a BMI of 54, which is classified as severe or extreme morbid obesity. We have recently reported about obesity and disability law. In the recent case of… Read on

Aerosols, perfume and reasonable adjustments

Is it possible to have a situation when no reasonable adjustments can be made for a disabled person? Yes, but only rarely, held the Appeal Tribunal in the recent case of Dyer v. London Ambulance NHS Trust. Background Mrs Dyer,… Read on

Was criminal conviction dismissal discrimination?

Was a disabled employee with Asperger’s syndrome discriminated against by being dismissed following a criminal conviction? No, said the Employment Appeal Tribunal in Hensman v Ministry of Defence. Background Mr Hensman suffered from Asperger’s syndrome. He was dismissed as a… Read on

‘Automatism’ dismissal discriminatory?

Could there be discrimination against an employee suffering from ‘automatism’? Not in the recent employment appealtTribunal decision of Howorth v North Lancashire Teaching PCT, where Mrs Howorth was dismissed after having pleaded guilty to offences of theft, dangerous driving… Read on

Redundancy and disability – adjustments

Did the employer fail to make reasonable adjustments when considering alternative employment for a redundant disabled employee? Yes, said the Employment Appeal Tribunal in the case of London Borough of Southwark v Charles. Background Mr Charles’ disability meant that… Read on