The European Court of Justice has this morning published its decision in the Danish obesity reference. As widely expected it has confirmed that
Due to the increased protection the Equality Act confers on disabled people when compared to previous legislation, employers now need to be aware
According to yesterday's Advocate General's opinion, severe obesity will probably amount to a disability under EU law. The case concerns a Danish
It is the employer's job to make a factual decision about whether an employee is a disabled person, according to last week's ruling from the Court of
Under both the Equality Act 2010 and its predecessor, the Disability Discrimination Act 1995, a person is disabled if he or she has a physical or
In order for a claimant to establish they are disabled for the purposes of the Equality Act 2010, they must not only show that they have a physical or mental impairment, but also that this impairment has a substantial and long term adverse effect on their ability to carry out normal day-to-day activities.
The Court of Appeal has recently given its judgment in the case of R (O) v LB of Hammersmith & Fulham involving O, a young person with severe autism and complex care needs.
Employers, even governments, have finite resources when it comes to making workplace adjustments for disabled employees.
In the recent case of Salford NHS Primary Care Trust v Smith, the Employment Appeal Tribunal (EAT) overturned a decision by the Employment Tribunal (ET) and held that “reasonable adjustments” does not include offering a disabled employee a career break or proposing rehabilitative work arrangements.
In the recent case of Leeds Teaching Hospital NHS Trust v Foster (Disability discrimination: reasonable adjustments), the EAT held that for an adjustment to be “reasonable”, a good or real prospect of removing a disabled employee’s disadvantage is not necessary; the existence of a prospect is sufficient.