Walker v Sita Information Networking Computing Ltd
Employment Appeal Tribunal. 8 February 2013.
View ArticleSecretary of State for Work and Pensions v Wakefield
Employment Appeal Tribunal. 26 July 2010.
View ArticleDisability in Ireland
This Irish employment law factsheet for CIPD members gives introductory guidance about disability.
View ArticleChief Constable of South Yorkshire Police v Jelic
Employment Appeal Tribunal. 29 April 2010.
View ArticleDD22: Are there any future developments expected in the area of disability...
The Equality Act 2010 has replaced numerous pieces of legislation, including the Disability Discrimination Act 1995. In addition to the October 2010 changes...
View ArticleDD10: How can an employer decide whether an adjustment for a disabled...
There are lots of cases brought by employees who disagree with the employer about whether an adjustment is reasonable or not. In determining whether...
View ArticleDD19: What is the financial exposure for disability discrimination compensation?
If a disability discrimination complaint is upheld, the employment tribunal may take the following actions...
View ArticleDD18: What are the time limits for a disability discrimination claim?
A claim may be brought to an employment tribunal within three months from the date of the last discriminatory act...
View ArticleDD17: Is it disability discrimination for an employer to reduce pay in a...
Yes, it could be it disability discrimination for an employer to reduce pay in a situation related to ill health absence if the underlying reason for the absence is...
View ArticleDD16: Is it disability discrimination for an employer to ask job applicants...
Under the Equality Act 2010 (the Act) it is unlawful, except in certain circumstances, for employers to ask about a candidate’s health. Therefore employers should not usually ask health questions at...
View ArticleDD15: Can a disabled employee be dismissed on the grounds of ill health?
Yes, if an employee can no longer fulfill their duties because of their disability, an employer is entitled to dismiss that employee subject to...
View ArticleDD14: Can an employer dismiss an employee for misconduct if they have a...
Yes, if a disabled employee genuinely commits sufficiently serious misconduct then an employer is entitled to dismiss that employee subject to...
View ArticleDD13: Can an employer discriminate without having knowledge of an employee's...
Basically, an employer can discriminate without having knowledge of the disability. There have been numerous cases pre-Equality Act 2010...
View ArticleDD12: Is the duty to make reasonable adjustments the same for disabled...
The duty to make reasonable adjustments is not the same for disabled employees and employees who are carers of disabled people. If a disabled employee brings a claim then....
View ArticleDD11: Can an employer avoid making a reduction in working hours for an...
An employer will only be able to avoid making a reduction in working hours for an employee who is suffering from depression with great difficulty under the Equality Act...
View ArticleDD09: What adjustments are employers expected to make for a disabled employee?
The appropriate adjustments that employers are expected to make under the Equality Act 2010 are set out below...
View ArticleDD08: Is an employer vulnerable to disability discrimination claims if they...
The issue of accommodating an able-bodied employee’s need to care for a disabled family member has been a complex issue under legislation. However, the Equality Act 2010 introduced...
View ArticleDD07: How does the comparison work in disability discrimination claims?
The correct comparator in a claim for disability discrimination has been a complex issue under the Disability Discrimination Act 1995. However, the Equality Act 2010 has attempted to...
View ArticleDD06: What types of discrimination claim can a disabled employee or job...
The types of discrimination claim a disabled employee or applicant can make under the Equality Act 2010 are...
View ArticleDD20: How do the disability discrimination provisions in the Equality Act...
In the recruitment process, it is unlawful for an employer to discriminate against a disabled person in...
View ArticleDD02: Which employers are exempt from the disability discrimination legislation?
There are very few exemptions from the Equality Act 2010. The Act makes express provisions which explain....
View ArticleDD04: Are individuals with recurring, varying or managed conditions suffering...
The approach to take when assessing whether a person is disabled is set out in the related question on the definition of disability. Basically, since provisions in the Equality Act 2010 came into force...
View ArticleDD01: What legislation governs disability discrimination in employment?
The main piece of legislation governing disability discrimination in Great Britain is the Equality Act 2010 (the Act) which came into force on 1 October 2010 replacing the Disability Discrimination Act...
View ArticleDD03: What is the definition of 'disability' for the purposes of the...
The Equality Act 2010 widens the range of individuals who can benefit from disability discrimination protection from 1 October 2010...
View ArticleDD05: What are normal 'day-to-day activities' for the purposes of disability...
The expression 'normal day-to-day activities' is used under the Equality Act 2010. The Act abandoned the list of capacities from 1 October 2010, relying instead on...
View ArticleDD21: Does an overweight employee fall into the category of a disabled person?
An overweight employee probably falls into the category of a disabled person if their mobility, physical co-ordination, or ability to lift, carry or otherwise move everyday objects, is...
View ArticleDisability and employment
Introductory guidance covering the legal background to disability discrimination and highlighting key considerations for employers in employing disabled people. Includes the CIPD viewpoint.
View ArticleGriffiths v Secretary of State for Work and Pensions
Employment Appeal Tribunal. 15 May 2014
View ArticleRetaining employees who acquire a disability - a guide for employers
The Irish National Disability Authority has published' Retaining employees who acquire a disability: a guide for employers' which provides employers with information about how to help employees who...
View ArticleDD16: Should employers treat disabled employees' absences differently in an...
How employers should treat disabled employees' absence in an absence policy gives rise to some interesting legal points. An employer’s duty to make.....
View ArticlePnaiser v NHS England and Coventry City Council
Employment Appeal Tribunal. 3 November 2015.
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