24 May 2018

Female employee wins £24,000 in compensation for being discriminated against because of IVF treatment


If and what discrimination laws apply to women undergoing IVF treatment has in the past been a minefield.  There is no statutory right to time off to undertake IVF treatment or to receive enhanced sick leave if illness results as a side effect of the IVF treatment.  However, once the fertilised embryo is implanted into…
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17 May 2018

Court of Appeal agrees with the EAT on Grosset and section 15


  Can a dismissal amount to unfavourable treatment under section 15 of The Equality Act 2010 if the employer did not know that the disability was connected to the misconduct?   Yes, held the Court of Appeal in City of York Council v Grosset [2018] EWCA Civ 1105. Dismissal is plainly an act of unfavourable…
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15 March 2018

When is a disability not a disability?


Being ‘disabled’ is, amongst other things a legal term derived from the Equality Act 2010, which says ‘a person (P) has a disability if P has a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on P’s ability to carry out normal day-to-day activities. The decision as to whether…
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13 March 2018

Definition of Cancer


A cancer diagnosis is automatically defined as a disability under the Equality Act (Schedule 1 para 6 Equality Act 2010). Cancers are assessed by two things – size of tumour and grade (meaning how aggressive the cells are), generally the smaller the number the better – so that ‘stage one grade one’ is the best…
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14 December 2017

Merry Christmas! Let’s all watch ‘Harassment – I mean Love – Actually’


It’s Christmas time and in honour of the TV execs wheeling out the old favourites I am wheeling out my Love Actually blog, previously prepared in light of the Comic Relief sequel. Inexplicably Love Actually is many people’s favourite Christmas Movie.  I shall just assume these people have either never seen Elf or are of…
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28 September 2017

Trailblazer or Trailing Behind? – Scope Commissioned Report Shows that it’s Time for us all to Address Disability Rights at Work


The findings of an Opinium survey commissioned by Scope show that a person with a disability needs to apply for 60 per cent more jobs than a non-disabled job applicant before they are successful http://www.independent.co.uk/news/uk/home-news/disabled-people-jobs-applications-more-able-bodied-stats-before-employment-a7970701.html The Government was criticized by the United Nations recently for failing to uphold the rights of disabled people through a…
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20 September 2017

Airlines Jurisdiction


Is the nomination of a “home base” for air crew the deciding factor in establishing the place of habitual work for jurisdiction purposes? No, held the CJEU in the joined cases of Nogueira & Ors v Crewlink and Osacar v Ryanair. Brussels I governs jurisdiction in the EU. The weaker party should be protected by…
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18 September 2017

Equalities and Human Rights Commission Announce Funding Support for Discrimination in Education Cases


As any Claimant’s lawyer understands, legal costs present one of the biggest obstacles for individuals who seek justice when they have experienced discrimination.  The Equalities and Human Rights Commission (the EHRC) recognise this.  At the beginning of this year they launched a pilot scheme project to provide funding and legal assistance to help claimants pursue…
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