Disability

Law Categories

Matuszowicz v Kingston upon Hull City Council (2009 EWCA Civ 22)

Any act extending over a period is treated as done at the end of that period. A deliberate omission is treated as done when the person concerned decided upon it.

Ring v Dansk (April 2013, CJEU)

A disability does not imply complete exclusion from work or professional life.

Bury Metro Racial Equality Council & Ors v Lyle (Court of Appeal, 2008)

Employers who fail to make reasonable adjustments, and thereby prevent a disabled employee from returning to work, will be liable to compensate the employee for lost earnings.

Nottingham County Council v Meikle (2004, IRLR 703)

Failure to make reasonable adjustments to accommodate a disabled employee can amount to a serious breach of the implied contractual term of trust and confidence, and give the employee the right to resign and claim constructive dismissal.

Eastern and Coastal Kent Pct v Grey: EAT 23 Jan 2009

The duty to make adjustments does not apply if the employer does not know, and could not be reasonably expected to know, that the employee has a disability and is likely to be placed at a substantial disadvantage.

Tarbuck v Sainsburys Supermarkets Ltd [2006] IRLR 664

There is no separate and distinct duty of reasonable adjustment on an employer to consult the disabled employee about what adjustments they should make (although it would be good practice to do so).

Archibald v Fife Council [2004] IRLR 651 HL

Employers are required to take steps to help disabled people which they are not required to take for others.
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