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

Obesity a disability?

Does obesity qualify as a disability? This would of course mean that employers would have to provide ‘reasonable adjustments’ such as large chairs, desks, altered duties etc. According to the Advocate of General in Kaltoft v. Billund Municipality, the… Read on