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Can an employee’s dismissal be discriminatory if the employer only finds out about the disability at the appeal hearing?

In Baldeh v. Churches Housing Association of Dudley and District Ltd [2019] UKEAT/0290/18, the Employment Appeal Tribunal (EAT) held that, where an employer is unaware of an employee's disability at the time of dismissal but learns about this disability at an appeal hearing, the dismissal may be considered discriminatory.
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Can an employee’s dismissal be discriminatory if the employer only finds out about the disability at the appeal hearing?

When does an employee’s entitlement to long-term disability benefits cease?

In ICTS (UK) Limited v. Visram UKEAT/0133/18, the Employment Appeal Tribunal (EAT) considered whether an employee's entitlement to long-term disability benefits (LTDB) until his "return to work" meant a return to his old job or to any reasonable alternative. It held that it meant the former.

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When does an employee’s entitlement to long-term disability benefits cease?

EAT judgment provides guidance on making reasonable adjustments for disabled employees

In the recent case of Linsley v. Commissioners for Her Majesty's Revenue and Custom UKEAT/0150/18 the Employment Appeal Tribunal (EAT) gave guidance on factors to be taken into account in deciding whether an adjustment is reasonable.

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EAT judgment provides guidance on making reasonable adjustments for disabled employees

Acas publishes guidance on workplace neurodiversity

Acas has published guidance to help employers learn about neurodiversity and to suggest changes that can be made in the workplace to better support neurodivergent staff.
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Acas publishes guidance on workplace neurodiversity

Disability discrimination: EAT clarifies definition of “long-term” disability

In Nissa v. Waverly Education Foundation, the Employment Appeal Tribunal (EAT) clarified the definition of "disability" under the Equality Act 2010.
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Disability discrimination: EAT clarifies definition of “long-term” disability

Constructive knowledge of disability: when should employers reasonably know of an employee’s disability?

In the recent case of Lamb v. The Garrard Academy the Employment Appeal Tribunal (EAT) considered at what point employers have a duty to make reasonable adjustments under the Equality Act 2010 (the Act).
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Constructive knowledge of disability: when should employers reasonably know of an employee’s disability?

Supreme Court considers “unfavourable” treatment in relation to disability discrimination

The Supreme Court has found that calculating an employee's pension entitlement based on the employee's part-time salary (where the employee had been prevented from working full-time due to his disability) was not "unfavourable treatment" under the Equality Act. If the employee been able to work full-time he would not have been entitled to immediate payment of his pension.
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Supreme Court considers “unfavourable” treatment in relation to disability discrimination

Disability discrimination: Dismissal of a shoplifting employee with a tendency to steal

The EAT, in Wood v. Durham County Council, confirmed that an employee's "tendency to steal" was a manifestation of his disability and as such was an excluded condition under the Equality Act (Disability) Regulations 2010. The claimant's disability discrimination claim was therefore dismissed.
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Disability discrimination: Dismissal of a shoplifting employee with a tendency to steal

Government framework for voluntary reporting on disability, mental health and wellbeing: what is expected of employers?

Following the 2017 Thriving at Work Review, the government has developed a framework to support large employers with recording and voluntarily reporting on disability, mental health and wellbeing. The government hopes that transparency in this area will help drive the culture change which is needed to foster a more inclusive society.
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Government framework for voluntary reporting on disability, mental health and wellbeing: what is expected of employers?