Disability discrimination

Expectation/assumption that employee would work late was a PCP

An expectation or assumption that a disabled employee would work late amounted to a provision, criterion or practice (PCP) which triggered the duty to make reasonable adjustments. 
Carreras v United First Partners Research
 

Imputing knowledge of disability

The dismissal of an employee was not direct disability discrimination as the decision maker did not know that he was disabled. The knowledge of the employer’s OH adviser in relation to the employee’s disability could not be imputed to the decision maker in the disciplinary process. 
Gallop v Newport City Council
 

The scope of ‘day-to-day activities’

Warehouse work including manually lifting and moving items of up to 25kg is a ‘normal day-to-day activity’ holds the EAT in a reminder that just because activities are carried out at work doesn’t prevent them from being ‘day-to-day activities’ for the purposes of the statutory definition of disability.
Banaszczyk v Booker Ltd
 

Attendance management policies and reasonable adjustments for disabled employees

An employer’s duty to make reasonable adjustments for a disabled employee is capable of applying to an attendance management policy where an employee’s disability leads to (or is likely to lead to) a level of absence which a non–disabled employee is unlikely to have.
Griffiths v Department for Work and Pensions
 

Public sector worker awarded £30K for disability-related absence dismissal

A worker at the Department of Work and Pensions has been awarded over £30,000 for unfair dismissal and disability discrimination when she was dismissed after her sickness absences exceeded the trigger points in the DWP’s sickness absence policy. 
Powell v Secretary of State for Work and Pensions
 

Competitive redeployment and reasonable adjustments

An employer discriminated against a disabled employee undergoing radiotherapy treatment by requiring him to go through a competitive interview process during a redeployment exercise.
Waddingham v NHS Business Services Authority
 
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