Tag Archives: disability discrimination

Hong Kong: Proposed changes to discrimination laws

On 30 November 2018, legislation was gazetted which proposes various amendments to the Sex Discrimination Ordinance, Disability Discrimination Ordinance, Family Status Discrimination Ordinance and the Race Discrimination Ordinance. The proposed amendments reflect eight of the recommendations from the Equal Opportunities … Continue reading

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Filed under Workplace culture, diversity and discrimination (including bullying and harassment), Workplace flexibility and family-friendly rights

UK: new resources on criminal record checks, mental health and dyslexia

Unlock has published new guidance for employers on criminal record checks, to which the ICO has contributed. The guidance states that checks at the application stage are unlikely to be necessary for most jobs and therefore likely to be a … Continue reading

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

UK: discrimination arising from disability claim only requires loose causal link

Employers should consider carefully whether there may be a connection between an employee’s disability and their conduct before dismissing or taking disciplinary action for that conduct. In Sheikholeslami v University of Edinburgh the EAT confirmed that a claim of discrimination … Continue reading

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

UK: withdrawal of job offer due to sickness absence was unlawful disability discrimination

Employers who receive a reference detailing a potential recruit’s significant absence levels in their last job risk a disability discrimination claim if they withdraw the offer for that reason without making further enquiries about the individual’s health and possible reasonable … Continue reading

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

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)