disability discrimination – Law Journals

Legal news: Employment update

Navi Atwal rounds up developments affecting employers and their advisers When considering whether it is just and equitable to extend tribunal time limits, the starting point is the words of the statute, which confer a wide discretion on the tribunal. Covid special leave policy held not discriminatory by the EAT We continue to see decisions …

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Privacy: Understand the legal pitfalls of monitoring remote employees

Rachel Tozer looks at the issues employers need to work through to help them decide whether electronic staff surveillance is justified An employer needs to be careful about treating one group of employees (such as remote workers) differently to another group (such as office-based workers). Recent reports that the Cabinet Office hopes to persuade civil …

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Equality Act: First long Covid ruling marks a turning point in employment law

Toby Pochron examines the steps employers should take following a recent decision on whether long Covid can amount to a disability If long Covid is a disability, then employers will have a greater responsibility to support employees in times of sickness and when returning to the workplace. Since the term ‘long Covid’ emerged, the condition …

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Disability discrimination: Harnessing the benefits of a neurodiverse workplace

With claims for neurodivergence discrimination rising by a third in the past year, Shoshana Bacall and Eleanor Diamond look at how employers can reduce the risk of such claims and create a more neurologically diverse workforce The rise in neurodivergent disability claims suggests that workplaces are lagging behind in efforts and there are still barriers …

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Reproductive issues: How to support employees going through the three Ms

Michelle Chance discusses the importance of normalising conversations about menstruation, miscarriage and the menopause at work A developing area of case law concerns whether certain gynaecological conditions which affect menstruation could constitute a disability in specific circumstances. The number of women in the workplace is growing at both ends of the age spectrum. Some 51% …

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Legal news: Employment update

Leah Aschettino rounds up recent developments affecting employers and their advisers Non-compete clauses must be no wider than reasonably necessary to protect the employer’s legitimate business interests. Tribunal wrongly considered discrimination which occurred after dismissal decision Citizens Advice Merton and Lambeth Ltd v Mefful [2022] is a long-running piece of employment litigation involving allegations of …

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Legal news: Employment update

Jo Broadbent rounds up recent developments affecting employers and their advisers Employers should expressly ask employees to agree to an extension of time if they will not be able to complete all stages of their flexible working procedure within three months. Express agreement was needed to extend time for flexible working request Employers must complete …

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Discrimination: Managing employees with dementia

Keely Rushmore examines the key points to take away from a recent decision that a 73-year-old Asda employee with memory problems suffered age and disability discrimination Cases such as Hutchinson highlight the importance of treating age-related illnesses as what they are: illnesses. Any underperformance or illness should be dealt with under the performance management or …

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Hybrid working: How to manage the risks of proximity bias

Favouring those employees who spend the most time in the office could result in legal claims from hybrid workers, warns Helen Corden Due to proximity bias, a manager may develop a practice of allocating work to individuals who are physically present in the office as opposed to those working at home. Companies around the world …

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Equality Act: Learning the lessons from the latest disability discrimination case law

Katie Hurst explores what employers can learn from three recent disability discrimination cases Follows serves as a good reminder to employers to think carefully before they introduce requirements which might affect employees who are disabled or associated with someone who is disabled. This article reviews some recent cases that have helped to shed light on …

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