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

Starbucks dyslexia case: implications

You will be aware that Starbucks employee Meseret Kumulchew has recently won a disability discrimination claim on the basis of her dyslexia. But what are the implications? Implications In Ms Kumulchew’s case, her dyslexia meant that she made mistakes in… Read on

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