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

Hugely important new case on discrimination

We report on a significant and far reaching decision of the European Court of Justice which will significantly extend claims for “indirect discrimination”. Background In broad terms, indirect discrimination occurs where a “provision criterion or practice” puts a group of… Read on

Afghan interpreters unable to bring discrimination claims

The Employment Appeal Tribunal has told 2 Afghani interpreters they cannot bring claims for indirect discrimination against the government. Their claims related to their not being given protection, benefits, and relocation opportunities, despite suffering intimidation and death threats as a… Read on

Expressing negative views on homosexuality: discrimination

In this case, the Claimant, Miss Mbuyi, was dismissed by her employer, Newpark Childcare because of comments she had made during a disciplinary hearing about homosexuality. Miss Mbuyi is a Christian and had said that “homosexuality is a sin”. Dismissing… Read on

‘Support Gay Marriage’ cake: discrimination

Background The County Court has held that a bakery in Northern Ireland directly discriminated against a customer on grounds of his sexual orientation when it refused to bake a cake for him with the slogan “Support Gay Marriage” on it.… Read on

Trip hazard Muslim jilbab: discrimination?

The Employment Appeal Tribunal has recently been asked to decide whether a nursery school’s requirement that a Muslim lady not wear a full-length jilbab – because this would present a tripping hazard – was unlawful discrimination. Background In this case,… 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

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

Important case on time limits

The EAT has recently confirmed that time limits for bringing discrimination claims for detrimental treatment run from the date on which the decision to make the detriment was taken as opposed to when the employee learns of it. The case… Read on