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Disability discrimination and the importance of ‘likely to recur’?

12 March 2025

In Roofe-Stewart v MacIntyre Care Ltd [2025] EAT 24 (26 February 2025) the EAT (HHJ Auerbach) found that a first instance tribunal had erred when considering whether the claimant’s disability was likely to recur.  Mrs Roofe-Stewart had a chronic condition (Mixed Connective Tissue Disease, MCTD). She was diagnosed in 2010. Her condition had been inactive […]

Can non-disabled people bring claims for disability discrimination in the workplace?

23 December 2024

Usually, the first hurdle for a worker in bringing a disability discrimination case is to prove that they are disabled for the purposes of the Equality Act 2010 (‘the Equality Act’). Briefly, the Equality Act states that an individual is disabled if: In most circumstances, a disability discrimination claim will not succeed unless a worker […]

Guidance: discrimination arising from disability 

23 October 2024

I like the law on discrimination arising from disability, because disabilities can cause individuals all sorts of challenges at work and I believe protection is required for situations where the reason for the situation at work is not the disability itself but is something that has happened because of the disability or which is connected […]

Autistic teacher awarded £850,000 for discrimination

18 October 2024

The Employment Tribunal (ET) in Wright v The Governing Body of Cardinal Newman Catholic School [2024] awarded the Claimant £850,000 for damages for unfair dismissal, disability discrimination and victimisation. Mr Wright was employed as the Head of Maths at Cardinal Newman Catholic Secondary School in Hove, East Sussex from 2005. At the ET hearing, Mr Wright […]

EHRC publishes new guidance to support disabled workers with hybrid working

14 October 2024

EHRC publishes new guidance to support disabled workers with hybrid working The Equality and Human Rights Commission (EHRC) has published new guidance on supporting disabled workers with hybrid working. The guidance is aimed at helping managers and leaders at small and medium-sized employers to understand their legal obligations and gives guidance on the practical steps […]

Disability discrimination – Royal Mail Group

16 September 2024

Making reasonable adjustments is the cornerstone of the disability provisions of the Equality Act 2010. Section 20 of the Act sets out how this duty applies. The Equality and Human Rights Commission Statutory Code on Employment is especially useful on explaining how this works in practice. Chapter 6 explains how the law works and gives […]

Government introduces new WorkWell scheme to get disabled and unwell people back to work

14 June 2024

On 7 May 2024, the Department for Work and Pensions and Department of Health and Social Care announced the launch of “WorkWell” pilots which will begin in October 2024 in several areas across England, including Birmingham, Greater Manchester, Leicester and parts of London.  The new workwell scheme will provide a single assessment and gateway to […]

Why do I have to prove disability to the Tribunal?

27 April 2022

As a disability discrimination lawyer this is probably the most frequently asked question that I have to deal with in practice. My clients will say “but it is clear from my medical records that I have a disability so why do I have to prove disability in the Employment Tribunal?” The reason is relatively simple […]