Where a dismissal could have been avoided by making a reasonable adjustment (such as a phased return to work or a move to a different job), the employer's failure to make the reasonable adjustment meant that the dismissal itself amounted to discrimination under the Disability Discrimination Act.
The House of Lords has held that the phrase 'likely to recur' in relation to the definition of disability under the Disability Discrimination Act must be given a wide meaning (SCA Packaging Limited v Boyle).
The Equality Bill continues to progress through Parliament towards an implementation date in 2010.
The High Court has rejected a local council's claim for £1m in damages against its former managing director and held that her failure to mention her history of stress and depression in her pre-employment medical questionnaire did not amount to fraudulent and negligent misrepresentation.
The Equality Bill has now been laid before parliament.
The EAT has clarified that, where an activity is something that is only done at work, it can still be a "normal day-to-day activity" for the purposes of the Disability Discrimination Act if it is common to different types of employment (Chief Constable of Dumfries and Galloway Constabulary v Adams).