Are trigger points for sickness absence dismissals lawful?

The latest ruling from the European Court of Justice (ECJ) suggests that intermittent sickness absence thresholds, which allow employers to dismiss staff once a  trigger point has been breached, are potentially discriminatory against disabled employees. Background Many employers operate sickness… Read on

Non-disabled employee wins disability discrimination claim

An employee whose health condition did not amount to a disability has won her disability discrimination claim against her employer. The Employment Appeal Tribunal upheld an employment tribunal’s decision that a police office suffered disability discrimination when her application to… Read on

Asperger Syndrome: multiple choice was discrimination

Was an applicant with Asperger Syndrome put at a particular disadvantage by a multiple choice test? Was this form of assessment justified? Background We report on a recent decision of the Employment Appeal Tribunal in the case of Government Legal… Read on

Wheelchair on bus case: employment law significance

You will all be aware of the Supreme Court telling FirstGroup Plc that it must instruct its drivers to “require and pressurise” bus users who are blocking spaces allocated to wheelchair users to move out of the way. The Supreme… Read on

Type 2 Diabetes and Disability

Can having Type 2 Diabetes amount to a disability even though it has not yet fully manifested itself and/or lifestyle changes may stop it progressing? Background The short answer is ‘yes’. In this case (Taylor v. Ladbrokes) the EAT had… Read on

Subway – autistic agency employee – discrimination

A Subway sandwich store employment agency has recently been found guilty of discriminating against an autistic employee, and has suffered a £15,484 Tribunal award. Background The employer in this case was Regal Consultancy Limited, who supplies staff to Subway stores… Read on

Stress did not amount to disability

We report on a case where the stress suffered by an employee due to his work situation and subsequent litigation was not sufficient to give rise to a disability. Background In this case the Claimant, Mr Herry, brought a wide-ranging… Read on

Pay protection a reasonable adjustment?

We report on a case where, due to his disability, an employee was given reduced duties, but the employer wanted to reduce his salary accordingly. Were they allowed to do this? Background Mr Powell was employed by G4S Cash Solutions… Read on

Dismissed for anger at disability disadvantage: discrimination?

Dismissed for anger at disability disadvantage: discrimination? Mr Risby, a paraplegic wheelchair user who was dismissed after losing his temper because he could not access a training venue, has won a claim for disability discrimination. We report on an important… Read on