Disability
What does “return to work” mean in the context of long-term disability benefits?
This was the question for the Court of Appeal in the case of ICTS (UK) Ltd v. Visram [2020] EWCA Civ 202. Mr Visram had been employed by American Airlines before his employment transferred to ICTS. His contract of employment included long-term disability benefits. The benefits were set out in a booklet, which stated that the payments would continue until the earlier date of "your return to work, death or retirement".
Long-term effect in disability discrimination claims
In order to bring a successful disability discrimination claim, an employee must demonstrate that impairment had a 'long term effect' at the time the alleged acts of discrimination took place.
A word to the publicity shy – Employment Tribunal judgments must be published
Judgments issued by Employment Tribunals are maintained in a public register and, since 9 February 2017, published on an online […]
Government consultation: "Health is everyone's business"
The government has launched a consultation on ways in which government and employers can take action to reduce ill-health-related job […]
Foretelling the future: when can you take into account future ability in recruitment decisions?
When an employer is considering whether to hire, promote or is otherwise taking management decisions about employees, it is fairly […]
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, […]
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 […]
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) […]
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 […]
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 […]
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).