by Anna Denton | Apr 15, 2020 | Disability discrimination, Equality Act, Mental health
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...
by Anna Denton | Apr 8, 2020 | Equality Act, Protected Characteristics
Society has to decide from time to time what it regards as a ‘Protected Characteristic’ for the purposes of the Equality Act 2010. The most recent additions have been age discrimination, gender reassignment, religious beliefs and sexual...
by Anna Denton | Oct 3, 2019 | Constructive knowledge, Disability, Equality Act, Mental health
It is not unusual for an employer to face a situation, particularly with mental health issues, where somebody might even be undiagnosed themselves, where they are not sure whether or not somebody has a medical condition. As regards the duty to make reasonable...
by Anna Denton | Aug 28, 2019 | Disability discrimination, Employment Tribunal, Equality Act
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...
by Anna Denton | Jul 25, 2019 | Disability discrimination, Employment Tribunal, Equality Act, Mental health
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...
by Anna Denton | Jun 14, 2019 | Discrimination, equality, Equality Act, parental rights, pay
Enhancing shared parental pay differently to maternity pay is not sex discrimination, a recent case has resolved. The Court of Appeal recently heard from two male claimants who felt they suffered discrimination when their employers failed to pay them an enhanced...