Disability discrimination

‘Likely’ means ‘could well happen’ and not ‘probable’

This case effectively widens the definition of disability to include conditions which are short term but could well recur in the future, e.g. a short bout of depression. A person is considered disabled for the purposes of the DDA if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.

SCA Packaging v Boyle
 

Time limits for bringing a DDA claim for failure to make reasonable adjustment

An employee wanting to bring a claim of failure to make reasonable adjustments must usually do so within 3 months of the failure. But identifying when a failure took place may not always be simple.

Matuszowicz v Kingston Upon Hull City Council
 

When the duty to make reasonable adjustments is triggered

G disclosed the fact that she is dyslexic on her job application form. One of the questions on the form was whether she required any special arrangements for the interview. G was confident that she was capable of performing well without any special arrangements and said that no special requirements were necessary.

Eastern and Coastal Kent PCT v Grey
 

Disability and sickness are not the same

What happens when an employee on sick leave claims their condition now amounts to a disability? Is it possible to dismiss the employee on the grounds of incapacity, or is he or she protected under disability discrimination legislation?

Chacon Navas v Eurest Colectividades SA
 

Failure to pay sick pay was not disability discrimination

Reducing the pay of a person who is off work can be justified even if the absence from work is a result of the employee suffering from a disability.

O’Hanlon v Revenue and Customs
 

No duty to make reasonable adjustments when offering alternative employment in a redundancy situation

Imagine you employ a disabled employee in a part-time job. But you need to make redundancies. You select this employee (perfectly fairly) and then offer her another job as suitable alternative employment. The problem is that this other job is on a full-time basis.

NTL Group Ltd v Difolco
 


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