Disability
Closing the Gap – The disability employment rate gap is narrowing
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 […]
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 […]
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 […]
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).
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 […]
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 […]