Tag Archives: disability discrimination
Employers should succeed in striking out a claim where, putting the claimant’s case at its best, there is still no evidence of an essential part of the claim. The claimant’s hope that “something may turn up” later in the claim … Continue reading
The ECJ has confirmed that a person who can work to a limited extent or limited hours can still be “disabled”. Relying on the UN Convention on the Rights of Persons with Disabilities (to which the EU itself signed up … Continue reading
UK: April 2013 changes: collective redundancy, statutory pay rates, injury to feelings and mental health
The minimum period between starting consultation on 100 or more proposed redundancies and the first dismissal taking effect has been reduced from 90 days to 45 days. The Secretary of State must also be notified of the proposals at the … Continue reading
In the recent District Court case of Kan Che Sing v Lucky Dragon Boat (Belvedere) Restaurant Limited, a restaurant owner was found to be guilty of discriminating against a waiter on the basis of his disability and made to pay … Continue reading
A Private Members’ Bill which would repeal legislative provisions preventing people with mental health conditions from being MPs, jurors or company directors has passed its second reading in the House of Commons. The Bill has Government and Opposition front bench … Continue reading
Reasonable adjustments for disabled employee: no need to supplement pay during phased return to work
The EAT has confirmed that an employer does not necessarily have to pay for work not done if offering a disabled employee a phased return to work. Payment only for the hours worked during a phased return does not put … Continue reading
Disability: employers may need to make reasonable adjustments to a practice even if it does not apply directly to disabled employees
The EAT has confirmed that employers should consider reasonable adjustments to policies or practices which do not apply directly to disabled employees but which have an indirect effect on them. In this case the practice of other employees hot-desking affected … Continue reading
Recent EAT rulings have established that: it is not a reasonable adjustment to give a disabled employee on sick leave a career sabbatical, nor to provide rehabilitative non-productive work for the employee to do for a period. Reasonable adjustments for … Continue reading
The Government is consulting on specialist disability employment programmes, ending on 17 October 2011.
Statutory guidance on matters to be taken into account in determining questions relating to the definition of disability, updated to refer to the Equality Act, was brought into force on 1 May 2011.