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Mills & Reeve LLP | European Union | 18 Dec 2014

Obese workers are not necessarily disabled

The European Court of Justice has this morning published its decision in the Danish obesity reference. As widely expected it has confirmed that


Mills & Reeve LLP | United Kingdom | 4 Dec 2014

Dismissing disabled staff: the impact of the Equality Act

Due to the increased protection the Equality Act confers on disabled people when compared to previous legislation, employers now need to be aware


Mills & Reeve LLP | European Union | 18 Jul 2014

Extreme obesity may be a disability says Advocate General

According to yesterday's Advocate General's opinion, severe obesity will probably amount to a disability under EU law. The case concerns a Danish


Mills & Reeve LLP | United Kingdom | 19 Dec 2013

Employer can not rubber stamp medical opinion about worker’s disability

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


Mills & Reeve LLP | United Kingdom | 2 Apr 2013

Obesity is not a “disability” but side-effects might be

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


Mills & Reeve LLP | United Kingdom | 10 Dec 2012

Definition of disability: substantial adverse effect

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.


Mills & Reeve LLP | United Kingdom | 8 Nov 2011

Court decision on local authority discretionary powers

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.


Mills & Reeve LLP | United Kingdom | 31 Oct 2011

Disability discrimination, reasonable adjustments, and limited funds

Employers, even governments, have finite resources when it comes to making workplace adjustments for disabled employees.


Mills & Reeve LLP | United Kingdom | 13 Oct 2011

Employer’s duty to make reasonable adjustments does not include procedural steps

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.


Mills & Reeve LLP | United Kingdom | 13 Oct 2011

The prospect of alleviating a disadvantage for a disabled employee can be a reasonable adjustment

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.

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