England and Wales Case Law

X v The Chief Constable of Gwent Police & Anor

The respondent's placement of the claimant on restricted duties and intrusive questioning were acts of direct disability discrimination, harassment, and unfavourable treatment arising from disability, not justified by any legitimate aim or proportionate means. The respondent failed to conduct a proper risk assessment, relied on stigma and misconceptions about HIV, and did not consider less restrictive alternatives. The conduct caused significant injury to feelings and was aggravated by the respondent's disclosure of the claimant's diagnosis without consent.

Source excerpt

• Disability discrimination
• Direct discrimination
• Indirect discrimination
• Harassment
• Discrimination arising from disability
• Remedies in discrimination cases

Read case analysis

Golam Chowdhury v Network Rail Infrastructure Limited

The EAT dismissed an employee’s disability discrimination appeal, upholding findings that redeployment, training, delay, or helpdesk placement were not reasonable adjustments.

• Reasonable adjustments
• Discrimination arising from disability
• Dismissal
• Redeployment
• Burden of proof
• Proportionality

Read case analysis

T Duncan v Fujitsu Services Ltd

The Employment Appeal Tribunal dismissed an appeal against a disability discrimination ruling, holding that the tribunal properly applied section 15 of the Equality Act 2010 and proportionality.

• Discrimination arising from disability
• Proportionality
• Legitimate aims
• Justification defence
• Unfair dismissal
• Discrimination-arising-from-disability

Read case analysis

University Of Bristol v Dr Robert Abrahart (Administrator of the estate of Natasha Abrahart, deceased)

The High Court upheld disability discrimination findings against the University of Bristol for failing to make reasonable adjustments for Natasha Abrahart’s oral assessments.

• Reasonable adjustments
• Competence standards
• Indirect discrimination
• Discrimination arising from disability
• Duty of care
• Confidentiality

Read case analysis

Hafeez Ahmed v Department for Work and Pensions

The Employment Judge erred in law by restricting the assessment of disability to 22-25 September 2020, contrary to the pleaded claims and statutory requirement to assess disability at the date of each alleged discriminatory act. The appeal is allowed on this ground and the issue is remitted for reconsideration.

Source excerpt

• Disability under equality act 2010
• Reasonable adjustments
• Discrimination arising from disability
• Burden of proof
• Assessment of disability period

Read case analysis

A Booth v Delstar International Ltd

The Employment Tribunal erred in law by inconsistently defining the 'something arising' in consequence of disability and by failing to consider multiple causes in its section 15 analysis, resulting in irreconcilable conclusions on the delay and dismissal claims. The Tribunal also erred in its section 19 analysis by comparing disabled and non-disabled persons rather than those sharing the claimant’s disability with those who do not, failing to properly assess group disadvantage. Both the appeal and cross-appeal succeed and the relevant claims are remitted to the Employment Tribunal for reconsi…

Source excerpt

• Disability discrimination
• Indirect discrimination
• Discrimination arising from disability
• Causation in discrimination claims

Read case analysis

Ian Clifford v IBM United Kingdom Ltd

The compromise agreement entered into by the parties in 2013 precluded the appellant's disability discrimination claims, including future claims, as it met the statutory requirements for a qualifying settlement agreement under section 147 of the Equality Act 2010. The claims for direct, indirect, and disability-related discrimination had no reasonable prospects of success, as the comparator relied upon was flawed and the alleged unfavourable treatment was not legally sustainable.

Source excerpt

• Disability discrimination
• Compromise agreements
• Settlement agreements
• Strike out applications
• Direct discrimination
• Indirect discrimination

Read case analysis

South Gloucestershire Council v Pavandeep Hundal

The Employment Tribunal erred in law in finding direct disability discrimination because the treatment was due to absence arising from disability, not the disability itself; however, the finding of discrimination because of something arising in consequence of disability was correct, as the respondent failed to justify the treatment as a proportionate means of achieving a legitimate aim.

Source excerpt

• Disability discrimination
• Direct discrimination
• Discrimination arising from disability
• Objective justification
• Reasonable adjustments

Read case analysis

Rentokil Initial UK Ltd v M Miller

The Employment Appeal Tribunal held that a trial period in a different role can be a reasonable adjustment under the Equality Act, and dismissed the appeal.

• Reasonable adjustments
• Unfair dismissal
• Discrimination arising from disability
• Burden of proof
• Reasonable-adjustments
• Disability-discrimination

Read case analysis

The University Of Bristol v Abrahart

The University Of Bristol v Abrahart [2024] EWHC 299 (KB) (14 February 2024)

High Court appeal about disability discrimination in a university physics course, including reasonable adjustments, competence standards, indirect discrimination, and negligence.

• Disability discrimination
• Reasonable adjustments
• Competence standards
• Negligence
• Duty of care
• Indirect discrimination

Read case analysis