• Black LinkedIn Icon
  • Facebook - Black Circle
  • Black Twitter Icon

Copyright © 2019 BarrCo Limited.

 

All rights reserved. BarrCo Solicitors is the trading name of BarrCo Limited.

Authorised and Regulated by the Solicitors Regulation Authority: 551420 :

Registered Company in England and Wales: 7346373

Perceived disability claims permissible

January 4, 2018

 In the first case of its kind brought under the Equality Act, the Employment Appeal Tribunal has upheld a claim for direct discrimination based on perceived disability.

 

The employer rejected the claimant's job application. The evidence showed that the employer perceived that the claimant had a progressive condition within the meaning under the Act. Furthermore, the tribunal had been entitled to find that a person with the same abilities as the claimant, whose condition the employer did not perceive to be likely to deteriorate in the same way, would not have been treated in the same way.

 

In such cases, it is necessary to decide whether the putative discriminator perceived the individual to have an impairment with the features which are set out in the Act, for example, whether they perceived the adverse effects as long-term.

 

Chief Constable of Norfolk v Coffey UKEAT/0260/16.

 

Please reload

Featured Posts

I'm busy working on my blog posts. Watch this space!

Please reload

Recent Posts
Please reload