An interesting development in Disability Discrimination Law
Under Section 6 (1) of the Equality Act 2010, a person is disabled if they (a) have a physical or mental impairment and (b) if the impairment has a substantial and long term adverse effect on their ability to carry out normal day to day activities. We are...A solicitor working via an agency for the Government Legal Department is bringing a complaint of Disability Discrimination
This case illustrates how employers can get themselves into difficulties. The individual concerned suffered from asthma, which he is claiming is his disability, presumably arguing that it has a substantial impact on his ability to do normal day to day...What do you do if an employee raises something that might be a disability during a disciplinary hearing?
If an employee is accused of misconduct of some kind, their defence may well be that a core part of their condition was behind their behaviour. This is classic section 15 Equality Act 2010 territory. We have seen a string of cases where an employee is found to have...When an employee tries to mask their mental health condition using physical ailments
It is not uncommon for an employer to have an employee presenting with physical ailments when really underlying the position is a mental health condition. An employer can worry about the extent to which they are going to be found liable for disability...
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