HR Articles

A claimant will be disabled, under the Equality Act 2010, if they have a mental or physical impairment and that impairment has a substantial and long term adverse effect on their ability to carry out normal day to day activities. An impairment is likely to be viewed as ‘long-term’ if it has lasted for at least 12 months, is likely to last for at least 12 months or it is likely to last for the rest of the person’s life.

In Komeng v Creative Support, the EAT has confirmed that when calculating an injury to feelings award, the tribunal’s focus should be on the actual injury suffered by the Claimant and not the gravity of the acts of the Respondent.

A pub manager who was the subject of “poor taste humour” has won her case of sexual harassment in the Sheffield tribunal.

This week, in Britliff v Birmingham City Council the Employment Appeal Tribunal has confirmed that individuals cannot bring claims against their employer in UK courts and tribunals for breaches of the UN Convention on the Rights of Persons with Disabilities (“UNCRPD”)

A London Employment Tribunal has ruled that a bank manager, who was dismissed after his health condition adversely affected his ability to follow proper security procedures at work, has successfully brought a claim against his employer for unfair dismissal and disability discrimination.

In case you missed our article last week, earlier this year the government ran a consultation on how and whether to extend the redundancy protection for pregnant women and new parents

It is estimated that up to 54,000 women a year lose their jobs as a result of pregnancy or maternity discrimination with 37% of women feeling isolated to the point of resignation following a return from maternity leave.

The Claimant was dismissed by the Respondent due to poor attendance. This poor attendance arose as a consequence of the Claimant’s disabilities.

In the recent EAT judgement in Page v NHS Trust Development, the Claimant’s appeal was dismissed finding that the Trust had not discriminated when removing the Claimant from office.

In the first perceived disability case to be heard by the Court of Appeal, the court has upheld the decision that a police officer with marginal hearing loss suffered direct discrimination when she was turned down for a transfer to the Norfolk Constabulary.