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Disability Discrimination Employment Litigation United Kingdom

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights – UK Employment Law – June 2025

In this month’s highlights, our team summarises the latest developments in UK employment law and their implications for employers. 1. In Prähl and Ors v Lapinski, the Employment Appeal Tribunal (the “EAT”) upheld an...more

BCLP

Definition of "Woman” in the Equality Act, Guidance on Conduct Dismissals, and a News Roundup - UK HR Two Minute Monthly: April...

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Our employment law update for April covers the Supreme Court decision the correct definition of “sex” and “woman” in the Equality Act and a Court of Appeal decision providing guidelines on gross misconduct dismissals....more

Ius Laboris

Neuroinclusive Work Environments: Are Employers There Yet?

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With a significant rise in diagnoses, it is more important than ever that employers have an understanding and awareness of neurodiversity in the workplace. Below, we explore the perspectives of the UK and Poland in managing...more

BCLP

UK HR Two-Minute Monthly: May 2024

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Our May update includes a case on whistleblowing where the claimant’s belief in the disclosures was questioned along with whether decision makers who knew little or nothing about the disclosures could be blamed for those who...more

BCLP

UK HR two-minute monthly: marital status discrimination, private WhatsApp messages as tribunal evidence, sickness...

BCLP on

Our February update includes new cases on marital status discrimination, including a general refresher on direct discrimination, a case of whether private WhatsApp messages can be used in tribunal proceedings, and how to deal...more

Littler

UK tribunal rules long-COVID capable of being a disability under the Equality Act

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An employment tribunal in the UK has for the first time ruled that a person’s long-COVID is a disability protected by the Equality Act 2010. However, we must be cautious in assuming that from now on all instances of...more

Hogan Lovells

Try it out - ill health dismissal discrimination when alternative role not properly trialled

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Dismissing an employee for long term sickness absence could be discrimination arising from a disability if an employer cannot show that the dismissal is objectively justified. The recent UK EAT decision in Department for Work...more

BCLP

UK HR Two Minute Monthly - March 2022

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Our March update considers key employment law developments from February 2022. It includes an important case on holiday pay for gig economy workers, EAT guidance on employment status and a case considering the ability of a...more

Hogan Lovells

After the event - medical evidence obtained after an ill-health dismissal not relevant to fairness

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Managing an employee who has persistent short or medium term ill-health absence is difficult for an employer. Dismissing an employee whose attendance is unlikely to improve may be fair, but this will often depend on medical...more

Faegre Drinker Biddle & Reath LLP

U.K. Employment Law Update: Increased Clarity on Disability Discrimination, TUPE Contractual Variations and Unfair Dismissals

Disability Discrimination: Was the Discrimination ‘Because Of’ Disability or ‘But For’ Disability? In Robinson v Department for Work and Pensions [2020] EWCA Civ 859, the Court of Appeal provided helpful guidance on the...more

BCLP

UK HR Two Minute Monthly: disability discrimination; TUPE; employment status

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As we move towards a ‘new normal’, our August 2020 update outlines some of the key non-COVID related employment law developments in the UK over the last month. It includes a TUPE-related ECJ judgment which takes a different...more

Hogan Lovells

Employment News: PHI, age discrimination, breach of contract

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What's in a name? Return to work was a return to employee's old role - In ICTS (UK) Ltd v Visram the Court of Appeal confirmed that an employee was entitled to receive long term disability benefit until he was able to...more

Hogan Lovells

Employment News: disability, jurisdiction, covenants

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Timing is everything – acts pre-dating disability not discrimination - The EAT decision in Tesco Stores Ltd v Tennant confirmed that an employee could not bring a discrimination complaint in relation to acts that pre-dated...more

A&O Shearman

Anonymous email and overheard pub conversation in disability discrimination claim

A&O Shearman on

A leaked email between lawyers and an overheard conversation between lawyers in a pub, both concerning redundancy, were not admissible as evidence in disability discrimination proceedings in the Employment Tribunal. The...more

Hogan Lovells

Employment News: Disability, Whistleblowing, Age

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Perception is king – rejection for hearing impairment perceived disability discrimination - In The Chief Constable of Norfolk v Coffey the Court of Appeal confirmed that rejecting a transfer request from someone with a...more

BCLP

HR Two Minute Monthly: disability discrimination; injury to feelings; unfair dismissal

BCLP on

Our June update considers recent developments in employment law, including cases on disability discrimination, injury to feelings and unfair dismissal for inappropriate promotion of religion. We also outline other points of...more

Hogan Lovells

Employment News: shared parental leave, working time, disability discrimination

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Fatherhood penalty – statutory shared parental pay not discriminatory - In Ali v Capita Customer Management Ltd and The Chief Constable of Leicestershire Police v Hextall the Court of Appeal confirmed that paying enhanced...more

Hogan Lovells

Employment News: disability, religion, executive pay

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Get it right – mistaken belief was not disability related - In iForce Ltd v Wood an employee's mistaken belief that new working practices would worsen her disability did not make her written warning for refusing to follow...more

Littler

UK: From Alcoholism to Exhibitionism—When the Law Says a Condition is Not a Disability

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Although many HR professionals in the United Kingdom who deal with disability discrimination issues are all too familiar with the legal definition of a “disability” in the Equality Act 2010, many are unaware of the various...more

Hogan Lovells

Employment news - January 2019

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Yeah but no but – Government response to sexual harassment report - The government's response to the Women and Equalities Select Committee report on sexual harassment in the workplace was published just before Christmas. ...more

Littler

What do Menopause, Castes, Copyrights, and Scottish Independence Have in Common? All Have Been Recently Put to the Test Under UK's...

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Human resources teams in the United Kingdom regularly deal with issues that relate to possible discrimination under the Equality Act 2010 (EqA), the law that codifies various anti-discrimination regulations for employers in...more

Littler

UK Supreme Court Finds Leaks in Pimlico's Independent Contractor Model

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The United Kingdom Supreme Court recently held that an individual who worked for Pimlico Plumbers as an “independent contractor” was in fact a “worker.” Pimlico Plumbers Ltd and another v Gary Smith [2018] UKSC 29....more

Faegre Drinker Biddle & Reath LLP

U.K. Employment Law Update: Disability Discrimination, ‘Bumping' in a Redundancy Situation and Service Provisions Changes Under...

Court of Appeal: Disability Discrimination & Reasonable Adjustments - In United First Partners Research v Nicolas Carreras [2018] EWCA Civ 323 the Court of Appeal considered whether an expectation (rather than a...more

Hogan Lovells

Employment news - May 2018

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No need to know that reason for unfavourable treatment arises from disability - Employees can only succeed with a claim of unfavourable treatment arising from a disability if the employer knows that they have a disability....more

Littler

U.K. Court of Appeal Addresses Disability Discrimination Based on Long Working Hours

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We have all been there. Late in the evening, on the phone to your partner or family, trying to explain why you must stay late at work despite no one actually asking you to do so. It can be frustrating and tiresome, but for...more

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