Archive for the 'disability discrimination' Category

Volunteer could not claim disability discrimination because he had no employment contract, judge rules

“A paid army volunteer could not claim he had been discriminated against due to disability when work for the army stopped because he did not have an employment contract, an employment appeal tribunal judge has ruled.”

Full story

OUT-LAW.com, 4th May 2011

Source: www.out-law.com

Equality Act disability guidance comes into force – OUT-LAW.com

“Government guidance on factors which should be taken into account when deciding whether someone has a disability is now in force.”

Full story

OUT-LAW.com, 3rd May 2011

Source: www.out-law.com

Beedles v Guinness Northern Counties Ltd (Equality and Human Rights Commission intervening) – WLR Daily

Beedles v Guinness Northern Counties Ltd (Equality and Human Rights Commission intervening) [2011] EWCA Civ 442; [2011] WLR (D) 143

“Where a lease provided for quiet enjoyment that meant an ability to use the premises in an ordinary lawful way. Consequently where a disabled tenant requested a service from his landlord such as repair or redecoration the court had to assess whether the provision of that service would enable him to live as would any other typical tenant in the premises.”

WLR Daily, 19th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Birmingham City Council disabled care limits ‘unlawful’ – BBC News

“Judges have ruled that Birmingham City Council’s plans to limit social care for disabled people are unlawful.”

Full story

BBC News, 20th April 2011

Source: www.bbc.co.uk

TUC warns against impact of employment law reforms – Law Society’s Gazette

“Government plans for reform of employment tribunals will discriminate against black and minority ethnic groups, disabled people, women, and young workers, according to the Trades Union Congress (TUC).”

Full story

Law Society’s Gazette, 19th April 2011

Source: www.lawgazette.co.uk

How the law can be used to fight cuts to services for disabled people – Law Society’s Gazette

“Disabled children and disabled adults need significant support from public bodies to help them lead ordinary lives. These groups require both specialist and targeted services and flexible universal services which can be adapted to their needs.”

Full story

Law Society’s Gazette, 10th March 2011

Source: www.lawgazette.co.uk

Broadmoor patient makes history with court appeal – The Independent

“A patient in Broadmoor Hospital who has spent more than two decades alongside some of Britain’s most dangerous criminals has won the right to have a review into his detention heard in public, The Independent has learned.”

Full story

The Independent, 9th March 2011

Source: www.independent.co.uk

Student who can’t stay awake takes watchdog to court – The Independent

“A student who suffers from the chronic sleep disorder narcolepsy is to have her case heard by the Court of Appeal in London on Thursday, following a six-year battle against what she perceives to be disability discrimination by her university.”

Full story

The Independent, 22nd February 2011

Source: www.independent.co.uk

Discrimination ruling against voluntary workers ‘unfair’ says human rights body – The Guardian

“An appeal court ruling which denies volunteer workers the anti-discrimination employment protection enjoyed by staff has been described as unfair by the Equality and Human Rights Commission.”

Full story

The Guardian, 28th January 2011

Source: www.guardian.co.uk

X v Mid Sussex Citizens Advice Bureau and another (Equality and Human Rights Commission and others intervening) – WLR Daily

X v Mid Sussex Citizens Advice Bureau and another (Equality and Human Rights Commission and others intervening) [2011] EWCA Civ 28; [2011] WLR (D) 15

“A disabled volunteer worker at an advice bureau was not protected from acts of discrimination on grounds of disability under the Disability Discrimination Act 1995, nor could she rely on the direct effect of Council Directive 2000/78/EEC (‘the Framework Directive’) to sustain an action for discrimination. Although voluntary posts like that held by the claimant might assist the holder to gain a permanent paid post, that was not the purpose of having volunteer workers, most of whom had no wish to join the permanent staff. The volunteer post was not to be treated as a form of vocational training subject to article 3(1)(c) of the Framework Directive.”

WLR Daily, 26th January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Law firms win judicial review case against LSC – The Lawyer

“Two law firms, Public Interest Lawyers and RMNJ, have successfully fought a judicial review case against the Legal Services Commission (LSC).”

Full story

The Lawyer, 20th December 2010

Source: www.thelawyer.com

Disability equality forty years on – BBC News

“Forty years after the first Disability Act was introduced, a new BBC survey has shown that people with disabilities still face discrimination.”

Full story

BBC News, 29th November 2010

Source: www.bbc.co.uk

Disabled prisoner to be paid £20,000 for discrimination at Belmarsh – The Guardian

“The prison service is to pay out £20,000 in damages to a prisoner who uses a wheelchair in compensation for the ‘degrading’ treatment he received while in Belmarsh jail in London.”

Full story

The Guardian, 8th November 2010

Source: www.guardian.co.uk

Pieretti v Enfield London Borough Council – WLR Daily

Pieretti v Enfield London Borough Council [2010] EWCA Civ 1104; [2010] WLR (D) 248

“S 49A(1)(d) of the Disability Discrimination Act 1995 required a local authority, in carrying out its functions under Pt VII of the Housing Act 1996, to take due steps to take account of a disabled persons’ disabilities.”

WLR Daily, 13th October 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Diplomat ‘denied foreign post due to her deafness’ – The Independent

“A foreign office high-flier appointed as Britain’s deputy ambassador to Kazakhstan has had her posting revoked after officials ruled that her deafness makes it too expensive to send her abroad. Jane Cordell, who was lauded for her work championing disability rights during a previous diplomatic role in Poland, is suing the Foreign Office for discrimination after being told that the additional cost of providing her with trained ‘lip speakers’ to enable her to work can no longer be justified from the public purse.”

Full story

The Independent, 14th September 2010

Source: www.independent.co.uk

Cowell discrimination case will not go to tribunal – BBC News

“A Britain’s Got Talent hopeful who claimed she was discriminated against at her audition, has failed to get her case taken to an employment tribunal.”

Full story

BBC News, 2nd September 2010

Source: www.bbc.co.uk

MoD settles stressed press officer case – BBC News

“A Ministry of Defence press officer who claimed he suffered from stress-related illnesses after being ‘frugal with the truth’ about troops’ safety in Iraq has settled his case with his employer.”

Full story

BBC News, 4th August 2010

Source: www.bbc.co.uk

Stockton on Tees Borough Council v Aylott – WLR Daily

Stockton on Tees Borough Council v Aylott [2010] EWCA Civ 910; [2010] WLR (D) 216

“In determining pursuant to section 3A(1) of the Disability Discrimination Act 1995 whether, for a reason which related to the claimant’s disability, he had been treated less favourably than a person to whom that reason did not apply, the appropriate comparator was someone who had acted in the same way as the claimant but did not suffer from his disability, and not someone to whom the reason for the treatment complained of did not apply.”

WLR Daily, 30th July 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Workers may find discrimination claims for depression easier after EAT ruling – OUT-LAW.com

“Workers who claim disability discrimination on account of depression should have their cases assessed by the effect of their condition rather than on the basis of strict medical diagnosis, the Employment Appeals Tribunal (EAT) has ruled.”

Full story

OUT-LAW.com, 21st June 2010

Source: www.out-law.com

Lawyer wins tribunal appeal over withdrawal of job offer – Law Society’s Gazette

“A woman lawyer has won her appeal against an employment tribunal ruling that disability discrimination did not lie behind a major law firm’s decision to withdraw a job offer.”

Full story

Law Society’s Gazette, 17th June 2010

Source: www.lawgazette.co.uk

Discrimination case makes history – BBC News

“A woman from Warrenpoint has made history in a landmark discrimination case in which the House of Lords clarified the UK’s Disability Law.”

Full story

BBC News, 22nd April 2010

Source: www.bbc.co.uk

Equality Bill makes Britain’s web accessibility law harder to access – OUT-LAW.com

“OPINION: The UK’s law on web accessibility is being re-written in an apparent attempt to make it impenetrable. But even though algebra has replaced plain English, the duty to make information accessible to disabled people survives, thanks to a blind peer.”

Full story

OUT-LAW.com, 19th March 2010

Source: www.out-law.com

Woman loses legal battle to keep pet dog – The Independent

“A woman who says her dog is the reason for getting up in the morning lost a legal battle today to be allowed to keep pet Alfie at her housing association flat.”

Full story

The Independent, 17th March 2010

Source: www.independent.co.uk

News of the World faces £800,000 payout in bullying case – The Guardian

“A News of the World reporter who suffered from a culture of bullying led by former editor Andy Coulson, who is now David Cameron’s head of communications, has been awarded almost £800,000 for unfair dismissal and disability discrimination.”

Full story

The Guardian, 23rd November 2009

Source: www.guardian.co.uk

Unpaid volunteers not covered by discrimination legislation – Law Society’s Gazette

“Volunteers who give their time unpaid to charities are not covered by domestic or European equal treatment legislation designed to protect employees, the Employment Appeal Tribunal has ruled.”

Full story

Law Society’s Gazette, 12th November 2009

Source: www.lawgazette.co.uk

Boyle v SCA Packaging Ltd, Equality and Human Rights Commission intervening – Times Law Reports

Boyle v SCA Packaging Ltd, Equality and Human Rights Commission intervening

House of Lords

“In determining whether a person was disabled within the meaning of the Disability Discrimination Act 1975 by reason of having an impairment which, although capable of being controlled by measures taken to treat it, would be likely to have substantial adverse effects but for those measures, the word ‘likely’ did not mean ‘probable’ but ‘could well happen’.”

The Times, 6th July 2009

Source: www.timesonline.co.uk

AM (Somalia) v Entry Clearance Officer – WLR Daily

AM (Somalia) v Entry Clearance Officer [2009] EWCA Civ 634; [2009] WLR (D) 22

“The requirement under the Immigration Rules for a disabled British citizen living in the United Kingdom on disability living allowance who was sponsoring her foreign husband to settle in UK to prove that they would be able to maintain themselves without recourse to public funds did not amount to disporportionate discrimination against disabled sponsors under art 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 2nd July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Boyle v SCA Packaging Ltd (Equality and Human Rights Commission intervening) – WLR Daily

Boyle v SCA Packaging Ltd (Equality and Human Rights Commission intervening) [2009] UKHL 37; [2009] WLR (D) 222

“When determining whether a person was disabled within the meaning of the Disability Discrimination Act 1995 by reason of having an impairment which, though capable of being controlled by measures taken to treat or control it, would be likely to have substantial adverse effects but for those measures, the word “likely” did not mean probable but ‘could well happen’. It followed that a woman whose propensity to develop vocal nodules was controlled by a strict management regime based on avoiding raising her voice, but which “could well” return and cause substantial adverse effects if that regime was not followed, was disabled for the purposes of the Act and her former employer, who had decided to place her in a noisier work environment despite her claim that it would require her to speak louder and so jeopardise her voice management regime, had to answer her claim that they had failed to make reasonable adjustments for her disability.”

WLR Daily, 1st July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Deaf student launches discrimination action against law school – Law Society’s Gazette

“A deaf would-be law student has begun proceedings against a London law school, alleging disability discrimination on the grounds of ‘unfavourable treatment’ and failure to make ‘reasonable adjustments’.”

Full story

Law Society’s Gazette. 5th March 2009

Source: www.lawgazette.co.uk

Child Support Agency v Truman – WLR Daily

Child Support Agency v Truman; [2009] WLR (D) 40

“The test for the correct comparator in cases of disability-related discrimination in the employment field under s 3A of the Disability Discrimination Act 1995, was the same as that applied to the housing provisions of the Act by the House of Lords in Lewisham London Borough Council v Malcolm (Equality and Human Rights Commission intervening) [2008] AC 1399, and not the test as previously stated in Clark v Novacold Ltd [1999] ICR 951.”

WLR Daily, 9th February 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

All criteria must be met for exemptions from disability hiring law, says EAT – OUT-LAW.com

“If a company that is recruiting is to be exempt from making provisions for disabled applicants it must fulfil all the criteria laid down in law and not just some of them, the Employment Appeals Tribunal (EAT) has said”

Full story

OUT-LAW.com, 29th January 2009

Source: www.out-law.com

Disabled rights delay criticised – BBC News

“The UK government has been criticised for failing to bring new rights for disabled people into law.”

Full story

BBC News, 4th January 2009

Source: www.bbc.co.uk

Woman loses post office legal bid – BBC News

“A pensioner who went to the High Court claiming government moves to close post offices discriminated against disabled people has lost her fight.”

Full story

BBC News, 18th December 2008

Source: www.bbc.co.uk

Secretary of State’s report on disability equality – Ministry of Justice

” This report sets out the Ministry of Justice’s commitment to disability equality for staff, stakeholders, with examples of progress and good practice since the introduction of the Disability Equality Duty in 2006.”

Full report 

Ministry of Justice, 1st December 2008

Source: www.justice.gov.uk

Tesco court threat over PIN error – BBC News

“A man is threatening to take Tesco to court for discrimination after twice being refused the right to pay using his credit card with a signature.”

Full story

BBC News, 7th October 2008

Source: www.bbc.co.uk

Polish cleaner demands compensation claiming lack of English is disability – Daily Telegraph

“A Polish cleaner claimed her lack of English should be classed as a disability as she tried to sue her employers for alleged discrimination.”

Full story

Daily Telegraph, 8th September 2008

Source: www.telegraph.co.uk

HIV fire service man sues brigade – BBC News

“A fire service control room operator with HIV is suing Greater Manchester Fire and Rescue Service for disability discrimination over his condition.”

Full story

BBC News, 30th July 2008

Source: www.bbc.co.uk

Coleman v Attridge Law (a Firm) and Another Case C-303/06 – Times Law Reports

Coleman v Attridge Law (a Firm) and Another Case C-303/06

Court of Justice of the European Communities

“The prohibition of direct discrimination against and harassment of disabled people in employment, provided for in the Community disability directive, was not limited to employees who were themselves disabled but extended to unequal treatment and harassment of a non-disabled employee for reasons connected with the disability of his child.”

The Times, 29th July 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Dyslexic student’s exams battle – BBC News

“A medical student with dyslexia is to take legal action in a bid to prevent the use of multiple choice exams as part of doctors’ training.”

Full story

BBC News, 29th July 2008

Source: www.bbc.co.uk

Opinion: Anti-discrimination laws need to be made consistent – The Lawyer

“The European Court of Justice (ECJ) recently gave judgment in Coleman v Attridge Law (2008). In so doing, it clarified the remit of the Framework Directive (2000/78/EC), which was adopted in November 2000 to combat discrimination in the workplace on grounds of religion or belief, disability, age or sexual orientation.”

Full story

The Lawyer, 28th July 2008

Source: www.thelawyer.com

Coleman v Attridge Law and another – WLR Daily

Coleman v Attridge Law and another (Case C-303/06); [2008] WLR (D) 257

The person whose disability gave rise to direct discrimination against an employee, so as to constitute an infringement of Directive 2000/78 on equal treatment and occupation, could in principle be a disabled child of the employee, and was not limited to the employee himself, and the same was true of harassment of the employee.”

WLR Daily, 25th July 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Disability Discrimination Act can extend to carers, rules ECJ – OUT-LAW.com

“The European Court of Justice (ECJ) has said that disability discrimination laws can apply to the carers of disabled people as well as the disabled themselves. It has backed the claim of a woman who sued a London law firm in a groundbreaking case.”

Full story

OUT-LAW.com, 24th July 2008

Source: www.out-law.com

Carers win right to flexible working after Sharon Coleman wins discrimination case – The Times

“Britain’s six million carers won a landmark victory today when the European Court of Justice upheld the right of a woman who was denied time off work to look after her disabled son.”

Full story

The Times, 17th July 2008

Source: www.timesonline.co.uk

Disabled teenagers allegedly told they were ‘scaring off other customers’ in salon – Daily Telegraph

“Three disabled teenagers who were allegedly ‘shooed’ out of a beauty salon by staff who said they were ‘scaring off other customers’ have accepted £4,500 in an out of court settlement.”

Full story

Daily Telegraph, 9th July 2008

Source: www.telegraph.co.uk

Lewisham London Borough Council v Malcolm (Equality and Human Rights Commission intervening) – WLR Daily

Lewisham London Borough Council v Malcolm (Equality and Human Rights Commission intervening) [2008] UKHL 43; [2008] WLR (D) 205

“A landlord’s claim for a possession order against a disabled tenant who sublet the premises in breach of the tenancy agreement did not amount to unlawful discrimination for a reason which related to the tenant’s disability. A tenant without a disability who had similarly sublet the premises would have been treated in exactly the same way as the tenant with a disability.”

WLR Daily, 25th June 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Lewisham London Borough Council v Malcolm – Times Law Reports

Lewisham London Borough Council v Malcolm

House of Lords

“A disabled person who was being evicted from his council flat because he had sublet the flat in breach of the terms of his tenancy and had moved elsewhere, was not being evicted for a reason which related to his disability nor was he being treated less favourably than others who were not disabled. He was therefore not suffering discrimination.”

The Times, 26th June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Expelled ADHD teenager was ‘discriminated against’ – Daily Telegraph

“A girl suffering from a behavioural disorder expelled from school for being ‘disruptive’ was a victim of disability discrimination, a court heard.”

Full story

Daily Telegraph, 11th June 2008

Source: www.telegraph.co.uk

Gichura v Home Office and Another – Times Law Reports

Gichura v Home Office and Another

Court of Appeal

“Fulfilling a public duty and providing services could occur at the same time.”

The Times, 4th June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Gichura v Home Office and another – WLR Daily

Gichura v Home Office and another; [2008] WLR (D) 164

Once a disabled detainee had gone through the administrative stage on arrival at a detention centre the services subsequently provided came within the scope of s 19(2) of the Disability Discrimination Act 1995.”

WLR Daily, 21st May 2008

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

UK ‘must adopt disability treaty’ – BBC News

“The government has been urged by a charity to ratify fully an international treaty on disability.”

Full story

BBC News, 30th March 2008

Source: www.bbc.co.uk

Youth games exclusion ‘unlawful’ – BBC News

“Children with learning disabilities will no longer be left out of the UK schools’ equivalent of the Olympics after a threat of legal action.”

Full story

BBC News, 7th February 2008
Source: www.bbc.co.uk

Carers for disabled people could be protected by discrimination law – OUT-LAW.com

“The European Court of Justice has been advised to extend protection against disability discrimination to carers and not just those with disabilities. A ruling to that effect could force a change in UK law.”

Full story

OUT-LAW.com, 4th February 2008
Source: www.out-law.com

Disability rights ruling expected – BBC News

“Rights in the workplace for millions of people, who care for relatives who are elderly or have disabilities, could be strengthened later.”

Full story

BBC News, 31st January 2008

Source: www.bbc.co.uk

Employers can’t judge disability on future events, says court – OUT-LAW.com

“The Court of Appeal has rejected an Employment Appeals Tribunal (EAT) ruling that said that the legality of employers’ decisions could be affected by events in the future. The ruling cleared up several conflicting EAT rulings on disability discrimination.”

Full story

OUT-LAW.com, 22nd January 2008

Source: www.out-law.com

McDougall v Richmond Adult Community College – WLR Daily

McDougall v Richmond Adult Community College [2008] EWCA Civ 4 [2008] WLR (D) 3

“When determining whether an adverse effect on a person’s ability to carry out normal day-to-day activities was “likely to recur”, within the meaning of para 2(2) of Sch 1 to the Disability Discrimination Act 1995, an employment tribunal should make its determination on the basis of evidence available at the time of the allegedly discriminatory act.
The Court of Appeal so held when allowing the appeal of the respondent, Richmond Adult Community College, from the decision of the Employment Appeal Tribunal [2007] ICR 1567 dated 13 July 2007 allowing the appeal of the claimant, Elizabeth McDougall, from the decision of an employment tribunal sitting at London (South) on 27 June 2006 dismissing the claimant’s complaint of disability discrimination on the ground that she did not have a disability for the purposes of the Disability Discrimination Act 1995.”

WLR Daily, 18th January 2008

Source:  www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


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