Disability discrimination

Competitive interviews and reasonable adjustments

An employer did not breach its duty to make reasonable adjustments when it required a disabled employee to undergo a competitive interview.
Wade v Sheffield Hallam University
 

Reduction in working hours as a reasonable adjustment

The European Court of Justice has confirmed that a reduction in working hours may be regarded as a reasonable adjustment for disabled workers where the reduction makes it possible for the worker to continue in employment and does not represent a disproportionate burden on the employer.
HK Danmark (on behalf of Ring) v Dansk almennyttigt Boligselskab
 

Employee suffering from conditions accentuated by obesity was disabled

An obese employee who suffered from a variety of complex medical conditions was protected by disability discrimination law.
Walker v SITA Information Network Computing Ltd
 

Exempting disabled employee from absence management policy was not a reasonable adjustment

The dismissal of a disabled employee with a poor attendance record was fair - exempting him from the employer’s absence management policy could not be deemed a ‘reasonable adjustment’. 
Jennings v Barts and the London NHS Trust
 

Unpaid volunteer not protected against discrimination

An unpaid volunteer with no contract was not protected under disability discrimination law as she was not in 'employment'. Nor was she helped by the EU Equal Treatment Framework Directive, which prohibits discrimination in relation to 'occupation', as it doesn't cover volunteers.
X v Mid Sussex Citizens Advice Bureau
 

Defining ‘disability’: life-long conditions controlled by medication

It is not enough, when seeking to establish that someone is 'disabled', that they have a life-long condition (controlled by medication) making them more prone to infections which have once in the past caused a substantial adverse effect on their ability to carry out normal day-to-day activities.
Sussex Partnership NHS Foundation Trust v Norris
 


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