Tag Archives: disability discrimination

UK: Disability discrimination – need to consider possible link between misconduct and an employee’s disability before deciding disciplinary action

When disciplining a disabled employee, employers need to consider carefully whether they should obtain medical evidence on any possible link between the employee’s actions and their disability. The Court of Appeal has upheld a tribunal ruling that an employer was liable … Continue reading

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Filed under Jurisdiction: UK, Working hours (including holiday, sick leave, overtime, rest breaks), Workplace culture, diversity and discrimination (including bullying and harassment)

UK: Disability discrimination update on ‘pre-cancerous cells’, use of occupational health advice, and long hours culture

Employers should note that an employee may still have cancer for the purposes of protection against disability discrimination even though the medical diagnosis is described as ‘pre-cancer’ or “in situ” non-invasive cancer. In Lofty v Harris (t/a First CafĂ©) the … Continue reading

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Filed under Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment)

UK: Disability – employers acting on wrong assumptions about medical conditions risk perceived disability discrimination claims

Employers should take extra care when considering rejecting a job applicant because of a concern that a health condition is likely to deteriorate (even if that view is wrong). The statutory definition of disability includes progressive conditions which have an … Continue reading

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Filed under Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment)

India: Implementation of the rights of persons with Disabilities Act 2016

The passage of the Rights of Persons with Disabilities Act, 2016 (the Act) and subsequent notification of the Rights of Persons with Disabilities Rules, 2017 (the Rules) is intended to bring Indian legislation in line with the United Nations Convention … Continue reading

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Filed under Jurisdiction: Asia, Workplace culture, diversity and discrimination (including bullying and harassment)

UK: Pay gap reporting – EHRC recommendations and HSF review of gender pay gap reports published so far

The Equality and Human Rights Commission has recently published research into gender, ethnicity and disability pay gaps, along with a strategy for reducing those gaps, available here. The strategy’s recommendations include Government legislation to make the right to request flexible … Continue reading

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Filed under Jurisdiction: UK, Remuneration (including bonus and incentive plans), Workplace culture, diversity and discrimination (including bullying and harassment)

UK: Recruitment – employers may need to consider adjustments to psychometric testing or other processes which could disadvantage disabled candidates

Employers should give careful consideration to requests to adjust recruitment processes where a disabled applicant asserts that the particular method chosen puts them at a disadvantage. A lack of flexibility is likely only to be justified if the employer can … Continue reading

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Filed under Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment)

UK: Dismissal for long-term sickness – new medical evidence at internal appeal

Employers should ensure they investigate any evidence that a long-term sick employee may soon be able to return to work before deciding to dismiss, even if that evidence is questionable and produced only at a late stage.

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Filed under Jurisdiction: UK, Termination of employment, Workplace culture, diversity and discrimination (including bullying and harassment)

UK: Disability-related discrimination – extra care needed when dismissing for misconduct

Employers should take extra care when disciplining a disabled employee for conduct which could be connected with the disability. In City of York Council v Grosset, the employer found itself guilty of discrimination arising from disability even though it had … Continue reading

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Filed under Jurisdiction: UK, Termination of employment, Workplace culture, diversity and discrimination (including bullying and harassment)

UK: New publications – ACAS guidance – productivity, terminal illness, dress codes, gender pay gap reports

Acas has issued guidance for line managers to help run effective teams and on dealing with life-threatening conditions at work, and has updated its dress code guidance in light of research showing discrimination against employees with visible tattoos.  It has … Continue reading

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Filed under Jurisdiction: UK, Resources, Workplace culture, diversity and discrimination (including bullying and harassment)

UK: New publications on disability, apprenticeship, e-cigarettes, and racist abuse

The following new employment law-related resources have been published: DWP updated guidance on employing disabled people, including information on the new Disability Confident symbol new DfE guidance on the revised apprenticeship system advice on from Public Health England e-cigarettes and … Continue reading

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Filed under Workplace culture, diversity and discrimination (including bullying and harassment)