The main provisions of the Equality Act 2010 come into force today, 1 October 2010.
The Court of Appeal has confirmed that the narrow comparator test set down by the House of Lords in London Borough of Lewisham v Malcolm (2008) (a housing case) applies to employment cases of disability-related discrimination (Aylott v Stockton-on-Tees Borough Council).
The Employment Appeal Tribunal has decided, in the case of Gloucestershire Constabulary v Peters, that it was appropriate to grant a stay (sist) of disability discrimination tribunal proceedings for a limited period, pending a criminal investigation into the Claimant's suspected fraudulent sick pay claims.
In two recent cases, the EAT has confirmed that an actual disability is required for an employee to succeed with a claim under the Disability Discrimination Act (DDA).
The new government's legislative plans for the next 18 months were announced in the Queen's Speech on 25 May 2010.
In the recent case of Chief Constable of South Yorkshire Police v Jelic, the EAT held that a reasonable adjustment for the purposes of the Disability Discrimination Act can include swapping the job of a disabled employee with that of another employee.
Following consultation with business groups and medical representatives, the Department for Work and Pensions has published guidance for employers and medical practitioners on the new statement of fitness to work (commonly referred to as a fit note).
In City of Edinburgh Council v Dickson, the EAT has held that an employer's rejection of a disability-related explanation for an act of misconduct did not in itself amount to disability discrimination.
From 6 April this year, UK employers will no longer be presented with the traditional sick note setting out the reason for an employee's absence.
In order to make reasonable adjustments for a disabled store manager, as required under the Disability Discrimination Act, the employer proposed moving the manager to a different store, invoking a mobility clause in her contract of employment.